Civil Procedure
Jan. 16, 2025
Simultaneous § 998 offers: Divergent bright line rules
Code of Civil Procedure § 998 offers aim to encourage settlement, but recent appellate rulings on simultaneous offers expose a contentious, evolving landscape marked by unpredictability and potential gamesmanship.
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.
Settlement offers made pursuant to Code of Civil Procedure § 998 can turn victory into defeat, defeat into victory. Section 998 is designed to "encourage both the making and the acceptance of reasonable settlement offers" prior to trial. Scott Co. of Cal. v. Blount, Inc., 20 Cal.4th 1103, 1114 (1999) (Scott).) Section 998's cost-shifting provisions create both a financial incentive to make reasonable settlement offers and a corresponding disincentive agains...
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