Civil Litigation,
California Courts of Appeal,
Appellate Practice
Aug. 10, 2016
Courts of Appeal are reining in ambiguous settlement offers
Since January, California Courts of Appeal have handed down cases arising from 998 offers that, when read together, reveal a trend toward circumscribing ambiguity of what an offer may and may not include.
Craig A. Roeb
Partner
Chapman, Glucksman, Dean, Roeb & Barger APC
11900 W Olympic Blvd
Los Angeles , CA 90064
Email: croeb@cgdrblaw.com
Loyola Law School; Los Angeles CA
California Code of Civil Procedure Section 998 establishes a procedure to shift costs if a party fails to accept a reasonable pre-trial settlement offer. The statute has generally been considered an effective tool to force parties' hands to settle by encouraging resolution and avoiding needless litigation and trials. Barba v. Perez, 166 Cal. App. 4th 444 (2008). However, recent case law demonstrates that they must be carefully planned and composed, or else risk judicial nullificat...
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