Olson v. North American Co. for Life and Health Ins.
Reed Smith, Margaret M. Grignon, Robert D. Phillips, Jr., and Brandon W. Corbridge for Defendant and Respondent.
Ingrid Olson, successor in interest under Code of Civil Procedure section 377.31 to Ernst Hammermueller, plaintiff and appellant (hereafter Olson), appeals from the trial court’s postjudgment cost award to defendant and respondent, North American Company for Life and Health Insurance (hereafter NAC). Olson contends first that she only became successor in interest for the limited purpose of NAC’s appeal from a judgment entered in favor of Ernst Hammermueller who died while the appeal was pending, and therefore she is not liable for NAC’s litigation costs. Second, Olson contends that even if she became a party to the trial court proceedings, as Hammermueller’s successor in interest she is not liable for costs under Code of Civil Procedure section 998.[1] Finally, she contends if she is liable for costs under section 998, the trial court failed to rule on the objections she raised in her motion to tax NAC’s claimed expert witness fees and therefore those costs must be stricken.
We agree with Olson’s second claim. Therefore, we will reverse the trial court’s order awarding costs to NAC under section 998.
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