Perspective
Nov. 11, 2015
New law will level playing field for Section 998 offers
Prior to a recent amendment, Section 998, which provides a mechanism to encourage pre-trial settlement, favored defendants. By Karen R. Frostrom
Karen R. Frostrom
Thorsnes Bartolotta McGuire LLPEmail: frostrom@tbmlawyers.com
California Western SOL; San Diego CA
Code of Civil Procedure Section 998 provides a mechanism to encourage pre-trial settlement by enabling parties to serve offers and demands that hold penalties to a party not accepting the offer or demand if that party fails to do better at trial. Prior to a recent amendment, however, the statute favored defendants.
In 2011, Section 998 provided:
"(c)(1) If an offer made by a defendant is not accepted and the plain...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In