Litigation
Jun. 18, 2013
Multiple settlement offers: blurry or bright-line rules?
Courts may be invited to interpret the state high court's Martinez decision as stating that the last offer rule automatically applies in first-offer-hits, second-offer-misses cases. By Gary A. Watt
Last week, the state Supreme Court decided Martinez v. Brownco Construction Co. Inc., S200944. The issue was "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)?" The swing in c...
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