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Offer to Compromise Settlement

Sheppard Mullin Richter & Hampton LLP

Statutory Offer To Compromise Void Without Express Acceptance Provision

Mostafavi Law Group, APC v. Larry Rabineau, APC, et al., 2021 WL 803685 (March 3, 2021); Second Appellate District Court of Appeal, Division Four, Case No. B302344 (March 3, 2021)... California Code of Civil Procedure...more

Haight Brown & Bonesteel LLP

Judgment Stemming from a Section 998 Offer Without a Written Acceptance Provision Is Void

In Mostafavi Law Group, APC v. Larry Rabineau, APC (B302344, Mar. 3, 2021), the California Court of Appeal, Second Appellate District (Los Angeles), addressed an issue of first impression: whether the purported acceptance of...more

Snell & Wilmer

CCP 998 Does Not Confer an Independent Right to Attorneys’ Fees

Snell & Wilmer on

A so-called “offer to compromise” under California Code of Civil Procedure section 998 can reverse the parties’ entitlement to costs after the date of the offer, depending on the outcome of the litigation. Cal. Code Civ....more

Snell & Wilmer

Does Your 998 Offer to Compromise Include Attorneys’ Fees and Costs?

Snell & Wilmer on

In California, the “prevailing party” in litigation is generally entitled to recover its costs as a matter of law. See Cal. Code Civ. Proc. § 1032. But under California Code of Civil Procedure section 998, a party may make a...more

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