Rappenecker v. Sea-Land Service, Inc

In Rappenecker v. Sea-Land Service, Inc. (1979) 93 Cal. App. 3d 256, the court held that judgments entered pursuant to section 998 compromise offers did not preclude plaintiffs from recovering their costs. Under Code of Civil Procedure section 998, an offer of compromise that is accepted is filed with the proof of acceptance, "and the clerk or the judge shall enter judgment accordingly." (Code Civ. Proc., 998, subd. (b)(1).) "The clerk's judgment was a stipulated or consent judgment, and . . . a stipulation or consent judgment . . . must be construed as any other contract. Defendant cites us to no authority which states that in the absence of specific language contained in the contract . . ., the prevailing party cannot recover costs." ( Id. at p. 263.) The court further observed that a judgment based on a stipulation is binding only as to the matter consented to by the stipulation and does not cover matters not in the stipulation. (Ibid.)