CCP 998 Offers

Enforcing your 998 settlement

Careful crafting of the offer to compromise is key

John Kelley

From Issue: 2019 January

The stick and the carrot: Martinez and the “last offer rule”

To make another offer, or not to make another offer

Albro L. Lundy III
E. Thomas Moroney

From Issue: 2013 October

Section 998 update

Six notable recent cases clarify the law surrounding offers to compromise

Jeremy Cloyd

From Issue: 2019 June

Preparing for and defeating bogus 998 objections

Plaintiff should consider an early 998 offer both for heightened pressure to negotiate a settlement and financial reward if the offer is beaten at trial

Olivia K. Leary
Eustace de Saint Phalle

From Issue: 2021 August

Attacking the token 998 offer

The authors argue that token offers violate the policy behind Section 998, are therefore void and do not entitle defendants to expert costs

Charles C. Kelly II
Bethany Caracuzzo

From Issue: 2009 May

Appellate Report

Conditional acceptance of a 998 offer invalidates the offer as to prejudgment interest

Jeffrey I. Ehrlich

From Issue: 2022 November

Watch your language!

998s and underinsured motorist arbitration

Ramona H. Atanacio

From Issue: 2021 July

The new CCP section 999 and policy- limit demands in auto cases

Newly enacted CCP section 999 changes the landscape of pre-litigation settlement demands by better defining what is a “reasonable” offer to settle

Ritsa Gountoumas

From Issue: 2023 August

Section 998 offers in the new normal of the pandemic

Insurers are trying to push fast, cheap settlements by making Section 998 demands before plaintiffs have had sufficient opportunity to conduct necessary investigation and discovery

Ramona H. Atanacio
Zachary J. Buchta

From Issue: 2020 September