Courts of Appeal are Reining in Ambiguous Settlement Offers

By: Craig A. Roeb and Heather M. Patrick
Published by the Daily Journal

California Code of Civil Procedure Section 998 establishes a procedure to shift costs if a party fails to accept a reasonable pre-trial settlement offer. The statute has generally been considered an effective tool to force parties’ hands to settle by encouraging resolution and avoiding needless litigation and trials.  Barba v. Perez, 166 Cal. App. 4th (2008).  However, recent case law demonstrates that they must be carefully planned and composed, or else risk judicial nullification.  Download Full Article

 

Craig A. Roeb
Mr. Roeb is a Partner at Chapman Glucksman Dean Roeb & Barger.
Craig A. Roeb

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Heather Patrick

Heather Patrick

Ms. Patrick is an Associate at Chapman Glucksman Dean Roeb & Barger.
Heather Patrick

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About the author

Craig A. Roeb

Mr. Roeb is a Partner at Chapman Glucksman Dean Roeb & Barger.

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