After sending plaintiff a 998 offer to settle the entire case for $250,000, defendant sent plaintiff another offer, not under 998, to pay $191,000 on the contract claim, plus attorney fees, leaving the Civ. Code 3344 claim for trial. Plaintiff accepted the second offer and later dismissed the Civ. Code 3344 claim. Held, the second offer revoked the 998 offer, so defendant was not entitled to an attorney fee award under CCP 998 after dismissal of the Civ. Code 3344 claim even though plaintiff’s recovery was less than the $250,000 998 offer.