Litigation
Jun. 16, 2016
Leave settlement agreements out of your 998 offers
In Sanford v. Rasnick, the California Court of Appeal invalidated a Section 998 offer because it required a "written settlement agreement." By Melissa McCormick
Most California litigators are familiar with Code of Civil Procedure Section 998, a statute that enables parties to obtain cost-shifting if a trial outcome is less favorable than a settlement offer. Section 998 provides, among other things, that if a party who prevails at trial obtains a judgment less favorable than a pretrial 998 offer, the prevailing party may not recover its own post-offer costs and must also pay the ot...
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