California Court of Appeal May 23, 2011, No. B221234 (Martinez v. Los Angeles County Metropolitan Transportation Authority)

*1040Opinion

ROTHSCHILD, J.

Plaintiff accepted defendant’s settlement offer under Code of Civil Procedure section 998.1 The offer expressly provided that each party would “bear their own costs” but contained no provision regarding “attorney fees.” The trial court denied plaintiff’s motion for statutory attorney fees on the ground they were part of the “costs” plaintiff agreed to bear.