Litigation
Nov. 29, 2016
2016 opinions provide 998 guidance
Three 2016 published decisions demonstrate that attaching contingencies or conditions to 998 offers can invalidate them. By Gary A. Watt
Gary A. Watt
Partner
Hanson Bridgett LLP
State Bar Approved, Certified Appellate Specialist
Email: gwatt@hansonbridgett.com
Gary chairs Hanson Bridgett's Appellate Practice. He is a State Bar-approved, certified appellate specialist. In addition to writs and appeals, his practice includes anti-SLAPP and post-trial motions as well as trial and appellate consulting. His blog posts can be read at www.appellateinsight.com.
Code of Civil Procedure Section 998 has been around since 1971. The concept is supposedly simple: If a valid offer to compromise is refused and the offeree fails to obtain a more favorable judgment at trial, the offeror can obtain post-offer costs and expert witness fees. But if the statute involves basic principles, the large body of case law it has generated speaks to complexity. A search of the statute using a legal research dat...
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