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LawTalk
LawTalk, Attorney
Category: Personal Injury Law
Satisfied Customers: 35361
Experience:  I have 30 years of legal and litigation experience.
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How to make a 998 offer? in California, PI case.

Customer Question

How to make a 998 offer? in California, PI case.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.
The manner in which a 998 offer is composed and transmitted to the other side is set out in CCP section 998, as follows:
(b) Not less than 10 days prior to commencement of trial or arbitration (as provided in Section 1281 or 1295) of a dispute to be resolved by arbitration, any party may serve an offer in writing upon any other party to the action to allow judgment to be taken or an award to be entered in accordance with the terms and conditions stated at that time.
The written offer shall include a statement of the offer, containing the terms and conditions of the judgment or award, and a provision that allows the accepting party to indicate acceptance of the offer by signing a statement that the offer is accepted.
Any acceptance of the offer, whether made on the document containing the offer or on a separate document of acceptance, shall be in writing and shall be signed by counsel for the accepting party or, if not represented by counsel, by the accepting party.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Doug
Customer: replied 1 year ago.
I'm a Plaintiff in a PI Auto Accident case in CA. Is there a form I can use to make the 998 offer?
Expert:  LawTalk replied 1 year ago.
Hi,
I understand that you are Plaintiff in a PI action. I handled plaintiff PI litigation for two decades in CA.
No, there is not a form to use. You hand draft the offer and incorporate the rules that I gave to you.
Here is an example from which you can hand craft your own 998 offer: http://www.scribd.com/doc/25602079/Sample-Offer-to-Compromise-for-California-pursuant-to-Section-998-of-the-Code-of-Civil-Procedure#scribd
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Doug
Customer: replied 1 year ago.
Thank you for the sample. But it is for Def. to offer. Do you have a sample for Plaintiff's offer?
Expert:  LawTalk replied 1 year ago.
The offer format is the same regardless of which party you are.
Customer: replied 1 year ago.
Could you rephrase these?
Pursuant to Code of Civil Procedure § 998, Defendant _______________________offers to pay in exchange for dismissal of this action, the sum of $_______________ in satisfaction of all claims for damages, costs and expenses, attorney’s fees and interest in this action.
Expert:  LawTalk replied 1 year ago.
You want me to write your 998 offer? If I agree to do that I will ask you to agree to an additional services charge. I'd hate to take your money when this is something that you can easily do.
Take a look at this one---may you will be more comfortable with it: http://www.kinseylaw.com/attyserv/civil/settlement/offercompromise.html
Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.
If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.
I wish you well,
Doug
Customer: replied 1 year ago.
The above sentence is by Defendant. If you could rephrase the sentence to make it more sense for Plaintiff's offer, that would be great. Then, I will fill in the blanks.
Expert:  LawTalk replied 1 year ago.
Did you look at the other 998 offer example I sent? http://www.kinseylaw.com/attyserv/civil/settlement/offercompromise.html
Doug
Customer: replied 1 year ago.
I found this form online. Is this form not allowed?
http://www.courts.ca.gov/formname.htm
CIV-090
Expert:  LawTalk replied 1 year ago.
Hi,
It will work----if you are the only Plaintiff and if there is just one Defendant. If you have more than one Defendant in the lawsuit you may not use this form. If you use this form you must be sure to indicate in 2b that each party bear their own costs.
Doug
Customer: replied 1 year ago.
Should I check mark any of them below (1) - (5)?2.a. in the amount of $20,000.
(1) ____ Each party shall bear its own costs and fees.
(2) ____ Including costs under Code of Civil Procedure section 1032 and attorney's fees.
(3) ____ Plus costs under Code of Civil Procedure section 1032.
(4) ____ Plus costs under Code of Civil Procedure section 1032 and attorney's fees in the amount of $ .
(5) ____ Plus costs under Code of Civil Procedure section 1032 and attorney's fees allowed by law as determined by the court.
Expert:  LawTalk replied 1 year ago.
I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.
Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.
There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.
I apologize for any inconvenience and wish you well in your future.
Doug