• Understanding and Maximizing the Impact of C.C.P. § 998 Offers of Judgment/Compromise - A "Pre" and "Post" Mediation Tool.
  • December 12, 2012 | Author: William J. Caplan
  • Law Firm: Rutan & Tucker, LLP - Costa Mesa Office
  • C.C.P. § 998 (“998”) offers can be a forceful lever driving settlement at various stages of business, real estate, and employment litigation. C.C.P. § 998 (“998”) offers can have a dramatic impact on the “net” outcome of litigation where attorneys’ fees and/or expert costs constitute a substantial portion of the amount in controversy. (E.g., Losing defendant turned what otherwise would have been a $1,000,000 loss into a net gain of more than $200,000 by means of an effective 998. Scott v. Blount (1999) 20 Cal.4th 1103.) The 998 process is an important tool in any litigator’s toolbox, and understanding the nuances is vital to use of this tool.