Civil Litigation,
Alternative Dispute Resolution
Apr. 17, 2023
Code of Civil Procedure Sec. 998 cost-shifting applies to settlement agreements
It is hoped that there will be a petition for review and that the Supreme Court takes up the invitation to clarify this recent far reaching decision.
Ogochukwu Victor Onwaeze
Principal
Onwaeze Law Group
Phone: (213) 738-5066
Email: onwaeze@aol.com
Ogochukwu Victor Onwaeze is the principal of Onwaeze Law Group, APC focusing on civil litigation
Statistics show that 95% of civil cases filed in the State of California resolve other than by trial. The State has an interest in having cases resolve as soon as practicable, reducing the time and cost spent in litigation.
To encourage parties to resolve their disputes by settlement, the Legislature in 1851 enacted the so-called carrot and stick provision of Code of Civil Procedure Section 998. That section allows either party to ma...
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