Civil Litigation,
Law Practice,
Appellate Practice
Jan. 18, 2019
Ruling provides guidance for making valid 998 settlement offers
Traditionally analyzed under the “totality of the facts,” a recent appellate decision embraced three factors that are “especially pertinent” to determine the validity of a 998 offer.
Paul R. Kiesel
Partner
Kiesel Law LLP
8648 Wilshire Blvd
Beverly Hills , CA 90211
Phone: (310) 854-4444
Fax: (310) 854-0812
Email: Kiesel@kiesel.law
Stephanie M. Taft
Associate
Kiesel Law LLP
Phone: (310) 854-4444
Email: taft@kiesel.law
Loyola Law School; Los Angeles CA
On Jan. 3, the 2nd District Court of Appeal issued a decision in Licudine v. Cedars-Sinai Medical Center, 2019 DJDAR 70, that will help attorneys navigate the murky waters of offers to compromise under Code of Civil Procedure Section 998. The statute fosters settlements by imposing consequences in some cases for rejecting a settlement offer and proceeding to trial.
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