A plaintiff may voluntarily dismiss a complaint by written request to the clerk at any time prior to the commencement of trial. The court even provides a form for this purpose entitled: “Request for Dismissal.”
A party in whose favor a dismissal is entered is entitled to recover its costs. Generally, these costs do not include the fees of experts not ordered by the court. Expert witness fees may, however, be recoverable when a valid Code of Civil Procedure section 998 settlement offer has not been accepted. Does plaintiff’s voluntary dismissal, where a section 998 offer has not been accepted, authorize the trial court to exercise discretion to award expert witness costs? Continue reading