This form is an official document from the California Judicial Council, and it complies with all applicable state and Federal codes and statutes. USLF updates all state and Federal forms as is required by state and Federal statutes and law.
Rancho Cucamonga, California offers various options when it comes to an Offer to Compromise and Acceptance under Code of Civil Procedure Section 998. This legal provision allows parties involved in a civil case to make settlement offers to the opposing party as a way to resolve the dispute before going to trial. Here, we will discuss the different types of offers and acceptance under Section 998 in Rancho Cucamonga. 1. California Code of Civil Procedure Section 998: Before delving into the different types of offers and acceptance, it is important to understand the basics of Section 998. This section states that a party can make a written offer to settle the case, which includes the terms and conditions of the proposed resolution. If the opposing party accepts the offer, the case is considered resolved, and the accepted offer becomes the judgment. However, if the opposing party rejects the offer and proceeds to trial, there may be significant consequences if the final judgment is less favorable than the original offer. 2. Statutory Offer to Compromise: One type of offer is the statutory offer to compromise under Section 998. This offer is made by one party to the other, proposing a specific amount to settle the case. If the opposing party accepts this offer, it becomes binding, and the case is resolved accordingly. However, if the opposing party rejects or does not respond to the offer and the final judgment is more favorable to the offering party, the rejecting party may be responsible for paying certain costs incurred after the offer was made. 3. Offer for Costs under Section 998: Another type of offer that can be made under Section 998 is an offer for costs. This offer allows a party to propose a settlement amount that includes costs, such as attorney fees and other litigation expenses. If the opposing party accepts this offer and the final judgment is less favorable than the offer, the accepting party may be entitled to recover their costs from the rejecting party. 4. Offer to Compromise with Conditions: In some cases, parties may make offers to compromise under Section 998 with specific conditions attached. These conditions might involve non-monetary terms, such as stipulations about future business transactions, agreements to perform certain actions, or other provisions aimed at resolving the underlying dispute. If the opposing party accepts the offer, they are typically bound by the conditions outlined in the settlement offer. It is important to note that the specific details and requirements of offers and acceptance under Section 998 may vary depending on the circumstances of the case. It is advisable to consult with an experienced attorney in Rancho Cucamonga, California, who can provide expert advice tailored to your specific situation. In conclusion, Rancho Cucamonga, California offers various types of compromises and acceptance under Code of Civil Procedure Section 998. These options include statutory offers to compromise, offers for costs, and offers with specific conditions. By understanding the different types of offers available, parties involved in a civil case can make informed decisions to potentially settle their dispute outside of court and avoid the uncertainties associated with trial.
