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Bakersfield California Offer to Compromise and Acceptance Under Code of Civil Procedure Section 998
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California
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Bakersfield
Control #:
CA-CIV-090
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How to fill out California Offer To Compromise And Acceptance Under Code Of Civil Procedure Section 998?
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FAQ
Accepting or rejecting a 998 offer The party to whom the 998 offer was made must accept the offer in writing within 30 days after it is made, or before the trial or arbitration, whichever is earlier.
If at any time prior to trial a 998 is served and accepted, the trial will become moot. A 998 offer is a formal, legal document to encourage the parties to settle a case. The timeframe for acceptance is 30 days, after which, the offer is revoked.
In order to promote the goals of section 998 which is to encourage settlements, the Court ruled that a second offer to compromise does not impact a party's entitlement to costs incurred after a first offer is made.
§ 998 Offer ?For $X Plus Costs and Attorneys' Fees? A second option for defendants wishing to cap a plaintiff's attorney fees is to offer a §998 ?plus attorney fees.? That means that if the plaintiff rejects the offer, it must win a monetary judgment that is greater than the § 998 offer, excluding the attorneys' fees.
In California, a 998 offer is a cost-shifting mechanism to encourage settlement. Essentially, it means that if a settlement offer is made and rejected, the case goes to court, and the rejecting party fails to obtain a more favorable judgment in court, there is an effect on the payment of court costs.
A section 998 offer expires after thirty days or upon the commencement of trial or arbitration, whichever comes first. (Ibid.) A section 998 offer may be served on the opposing party at any time ten or more days before a trial or arbitration begins. (Code Civ.
In California, a 998 offer is a cost-shifting mechanism to encourage settlement. Essentially, it means that if a settlement offer is made and rejected, the case goes to court, and the rejecting party fails to obtain a more favorable judgment in court, there is an effect on the payment of court costs.
