Carig v. Logan CA4/3

Filed 6/3/25 Carig v. Logan CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

REVELYN B. CARIG et al.,

Plaintiffs and Appellants, G064098

v. (Super. Ct. No. 30-2021- 01215718) DANIEL J. LOGAN, OPINION Defendant and Respondent.

Appeal from a judgment of the Superior Court of Orange County, Lee Gabriel, Judge. Affirmed. Law Offices of William W. Green & Associates, and Michael P. O’Sullivan, for Defendant and Appellant. McNeil Tropp & Braun, Jeff I. Braun, and Kendall L. Craver, for Plaintiffs and Respondents.

Following a traffic accident, appellants Revelyn B. Carig and Edmundo Carig (the Carigs) sued respondent Daniel J. Logan for negligence. 1 Subsequently, the Carigs rejected two Code of Civil Procedure section 998 offers by Logan. After a jury found Logan not negligent, he filed a motion seeking postoffer costs, including $21,084 for expert fees. The Carigs objected, arguing the costs should not be calculated from the time of the first section 998 offer, because that offer was not made in good faith. The trial court disagreed and the Carigs appealed. As discussed below, we conclude the Carigs have not shown the first section 998 offer was invalid. Accordingly, we affirm. STATEMENT OF THE CASE On October 26, 2023, Logan filed a Memorandum of Costs, seeking $42,024.92, including $21,084 for expert fees. The Carigs objected to the expert fees and other costs, filing a Motion to Strike or Tax Costs. As to the expert fees, Carigs argued some of the fees were incurred before the time of Logan’s section 998 offer. In response, Logan noted he served a section 998 offer in the amount of “waiver of costs” on May 2, 2022. He asserted all of the expert fees were incurred after May 2022. He also noted the jury returned a verdict in his favor, finding him not negligent for the traffic accident. In reply, the Carigs noted Logan had made two section 998 offers, the first on May 2, 2022, and the second on May 30, 2023. They argued the first section 998 offer was not valid because the offer of “waiver of costs” was “neither reasonable nor made in good faith.”