Civil Litigation,
California Courts of Appeal,
Appellate Practice
Jun. 7, 2021
If your 998 offer goes wrong in trial court, all might not be lost
That's the lesson of a few recent appellate decisions.
Charles M. Kagay
Of Counsel
Complex Appellate Litigation Group LLP
Appellate Law (Certified)
96 Jessie Street
San Francisco , CA 94105
Phone: (415) 649-6700
Fax: (415) 362-1431
Email: charles.kagay@calg.com
Harvard Law School
Charles has decades of experience handling appeals that involve complex or novel legal questions and is certified by the State Bar as a California appellate specialist. Find out more about Charles and the Complex Appellate Litigation Group LLP at www.calg.com. Appellate Zealots is a monthly column on recent appellate decisions and appellate issues written by the attorneys of the Complex Appellate Litigation Group LLP.
A short while back, Appellate Zealots took a look at Code of Civil Procedure Section 998, the provision under which parties can make a settlement offer with teeth. If the other side does not accept a 998 offer, but incurs a judgment that is worse than the offer, the result is a shifting of costs, including sometimes expert witness expenses and even attorneys' fees. The thrust of that article was that the parties must adhere carefully to the ter...
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