Civil Litigation,
California Courts of Appeal,
Appellate Practice,
9th U.S. Circuit Court of Appeals
Oct. 6, 2017
Settling some settlement issues with offers to compromise
Abraham Lincoln advised attorneys: "Discourage litigation. Persuade your neighbors to compromise whenever you can." Over a century later, Federal Rule of Civil Procedure 68 and California Code Civil Procedure Section 998 were enacted to encourage parties to make and accept offers of compromise.
Michael J. Rubino
Partner
Atkinson Andelson Loya Ruud & Romo
12800 Center Court Drive
Cerritos , CA 90703
Email: mrubino@aalrr.com
Abraham Lincoln advised attorneys: "Discourage litigation. Persuade your neighbors to compromise whenever you can." Over a century later, Federal Rule of Civil Procedure 68 and California Code Civil Procedure Section 998 were enacted to encourage parties to make and accept offers of compromise. These statutes provide that if a party who prevails at trial obtains a judgment less favorable than a pre-trial offer, the prevailing party may not recover costs it incurred af...
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