Civil Litigation,
California Courts of Appeal,
Appellate Practice
Jun. 20, 2017
Ruling grapples with 998 offers, arbitration
While the procedural mechanics of 998 offers in the courts is well-settled, the same cannot be said for arbitration. And as a recent Court of Appeal decision demonstrates, obtaining a timely ruling on Section 998 offers during arbitration can be tricky.
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 offers can have a tremendous impact on litigation. Wins can be enhanced or gutted. Losses can be transformed into spectacular victories. Scott Co. of California v. Blount, Inc., 20 Cal. 4th 1103 (1999) (plaintiff's $670,000 recovery wiped out by shift of post-offer costs and fees of $882,000). And such potency applies to contractual arbitration. But as a recent decision illustrates, while the procedural mechanics of 998 offers in the courts is w...
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