California Law Requires CCP 998 Offers to Contain Method of Acceptance
Defendant made a statutory offer of compromise to Plaintiff, under Section 998 of the California Code of Civil Procedure, to dismiss action for a waiver of costs. Trial Court found in favor of Defendant, and Defendant sought to recover expert witness costs. Plaintiff appealed. Held: Section 998 was amended effective 1/1/2006 to require the offer must include “a provision that allows the accepting party to indicate acceptance of the offer by signing a statement that the offer is accepted.” Since offer did not contain an acceptace statement, it is not valid under Section 998.
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I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.
I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.
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