Motion to compel settlement11/10/2023 ![]() ![]() Section 998 is intended to encourage settlement before trial or arbitration, by penalizing a party who fails to accept a reasonable settlement offer. ( Ibid.) “If the offer is accepted, the offer with proof of acceptance shall be filed and the clerk or the judge shall enter judgment accordingly.”( Id.) If the offer is not accepted within 30 days after service or by commencement of trial (whichever occurs first), it is deemed withdrawn and cannot be given in evidence at trial. (b).) To meet the statutory requirements, the offer must: (1) be in writing (2) state the terms and conditions of the proposed judgement or award and (3) contain a provision allowing the offeree to accept by signing a statement to that effect. Pursuant to section 998, any party may make an offer in writing to allow judgment to be taken or an award to be entered in accordance with the terms and conditions stated at that time (Code Civ. One can avoid this unfortunate result by taking a few more steps in crafting section 998 offers. An attorney who has strictly complied with section 998 may be surprised to discover that summary enforcement of the settlement pursuant to section 664.6 is unavailable. Two such statutes are California Civil Procedure Code section 998, which encourages reasonable settlements, and section 664.6, which facilitates their summary enforcement. ![]() Notwithstanding the common public-policy objectives underlying some of these statutes, however, inconsistencies in statutory wording and interpretation may lead to unexpected – and sometimes unfortunate – results. 339, 343.) To further this policy, the Legislature has enacted statutes intended to encourage settlement, as well as statutes intended to streamline enforcement of settlement agreements. ![]() be sustained by the courts, but they are highly favored as productive of peace and goodwill in the community, and reducing the expense and persistency of litigation.” ( McClure v. Given that reality, a savvy litigator will negotiate the best possible settlement and position the client to enforce the settlement quickly and completely, should the other side renege on the deal.Ĭalifornia has long favored settlement agreements as a matter of public policy ( Poster v. Most litigated disputes eventually settle. ![]()
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