What is a CCP 998?
CCP § 998. California Code of Civil Procedure § 998 is a cost-shifting statute encouraging early settlement of actions by penalizing a party who fails to accept a reasonable and good faith pre-trial settlement offer following the CCP 998 mandated format.
What costs are included in 998?
§ 998 Offer “For $X Including Costs and Attorneys’ Fees” The benefit to including attorneys fees in an offer is that if a plaintiff accepts, the plaintiff’s entire recovery is capped and the amount shall be known at the time of acceptance.
How does a 998 offer work?
Section 998 of the Code of Civil Procedure provides that, not less than 10 days before commencement of trial, any party to an action “may serve an offer in writing upon any other party to the action to allow judgment to be taken in accordance with the terms and conditions stated at that time.” The offer is deemed …
How long is a 998 offer good for?
thirty days
A section 998 offer expires after thirty days or upon the commencement of trial or arbitration, whichever comes first. (Ibid.) A section 998 offer may be served on the opposing party at any time ten or more days before a trial or arbitration begins.
Can you withdraw a 998 offer?
The Court of Appeals held that a section 998 offer revoked before acceptance during the 30-day statutory period resurrects a prior offer. Ordinarily, a section 998 offer has a potential life of 30 days and is withdrawn if not accepted within that time.
Can you object to a 998 offer?
(CCP section 998 (d); CCP section 3291.) Thus, the rejection of a 998 offer can create significant monetary penalties, above, and in addition to, a civil judgment against the defendant. A 998 offer can be made multiple times.
Is a 998 offer confidential?
C.C.P. § 998(b). The offer must also be made in terms capable of valuation, meaning the inclusion of non-monetary terms, such as a confidentiality provision, could result in the offer being invalidated. Finally, the offer must be reasonable and made in good faith.
Can you counter a 998 offer?
Code Civ. Proc. § 1032. But under California Code of Civil Procedure section 998, a party may make a so-called “offer to compromise,” which can reverse the parties’ entitlement to costs after the date of the offer, depending on the outcome of the litigation.
Can a CCP 998 offer be withdrawn?
How do you respond to a 998 offer?
Accepting or rejecting a 998 offer The party to whom the 998 offer was made must accept the offer in writing within 30 days after it is made, or before the trial or arbitration, whichever is earlier.
What costs are recoverable in California?
A: California Code of Civil Procedure Section 1033.5 details recoverable costs. Such costs include court filing fees, law and motion fees, jury fees, expert witness fees (if ordered by the court), service of process, and transcriber expenses associated with depositions.
What are the advantages to making a CCP 998 offer?
A 998 Offer Can Speed Up Your Case and Support a Better Outcome. In a lawsuit, each person often pays their own legal fees. However, California law allows for a shift of legal costs from one party to the other through the use of California Code of Civil Procedure Section 998.