Section 998 Offer Exclusive of Fees Is Unambiguous

Timed Out LLC v. 13359 Corp., No. B280301 (D2d1 Mar. 27, 2018)
 
In a case where attorneys’ fees are recoverable as a cost, a Code of Civil Procedure § 998 offer of judgment that offers a payment “exclusive of reasonable costs and attorneys’ fees, if any,” unambiguously permits an accepting plaintiff to move for recovery of the attorneys’ fees in the event she accepts the offer. Which means the offer made in this case was valid.

Affirmed.