Offer to Compromise was Not Made in Good Faith Where it Was Served Along With Process

Section 998 of the California Code of Civil Procedure provides a mechanism whereby parties to litigation may serve an offer to compromise on each other. If the offer to compromise is made in good faith, and is not accepted by offeree, it will cause to shift certain litigation costs on the offeree. This court held that Section 998 offer served along with process was not made in good faith, becuase at that early stage 'offeree was given a fair opportunity to intelligently evaluate the offer.'
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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.