Civil Litigation,
California Courts of Appeal
Jun. 30, 2015
What happens when a party is added after an offer?
For the first time, a Court of Appeal ruling identifies that when a defendant is named later in the case, it is not naturally bound by its preceding codefendant's Section 998 offer.
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
The California Legislature created Code of Civil Procedure Section 998 to provide litigants leverage to settle civil cases prior to trial, and to penalize litigants who fail to accept what is retrospectively determined to have been a reasonable settlement offer. Harvard Inv. Co. v. Gap Stores Inc., 156 Cal. App. 3d 704, 713 (1984). Courts define a prevailing party as "the party with a net monetary recovery." CCP Section 1032(a)(4). Under section 9...
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