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