Litigation
Apr. 30, 2013
State high court to hear settlement offer fee-shifting arguments
When a plaintiff makes two Section 998 settlement offers, both of which expire, which is the operative offer for purposes of cost-shifting? The state high court will hear arguments on the issue May 8. By Gary A. Watt
On May 8, the state Supreme Court will hear arguments in Martinez v. Brownco Construction Co. Inc., S200944. The issue is "When a plaintiff makes two reasonable settlement offers under Code of Civil Procedure section 998, both of which expire by operation of law, does the second offer extinguish the first such that the later offer is the operative one for purposes of the cost-shifting provisions of section 998, subdivision (d)?" T...
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