Fraser v. Rudick
jury returned a defense verdict in favor of defendant Gerald Rudick and against plaintiffs John C. Fraser and Kara Fraser (together the Frasers). Rudick requested $55,679.96 for expert witness costs under Code of Civil Procedure[1]section 998. The court instead awarded $21,595.06, awarding nothing for thecosts incurred for experts who did not testify at trial. Rudick then brought a motion for reconsideration, which the court denied.
Rudick appeals the postjudgment orders, contending the court (1) erred as a matter of law when it categorically denied the recovery of expert witness fees and costs for any experts who did not testify at trial, and (2) further compounded that error by refusing Rudick a meaningful opportunity to respond to its denial of expert fees and costs and by declining to reconsider that erroneous ruling. Court reverse the court's order denying Rudick's motion to recover expert witness costs for the services of the expert witnesses he claims assisted him in the preparation of his defense at trial, but who did not testify at trial, and further remand the matter with directions.
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