"I'll Make Them an Offer They Can't Refuse" -- What You Need To Know About CCP Section 998 Offers To Compromise - 2021

Qualifies for MCLE Self Study - 1.0 Hours of General CreditA proper section 998 settlement offer can result in cost-shifting that could change, even flip, the net economic effect of a judgment. A defense offer that a plaintiff does not accept can result in a plaintiff paying some defense costs and forfeiting some plaintiff costs – even if the plaintiff recovers a judgment! But if you do not make a proper offer you lose that benefit to the client. On the other hand, a plaintiff offer that a defendant does not accept can make a defendant liable for plaintiff’s expert witness fees -- and in personal injury tort cases, for prejudgment interest.Please join us for an interactive program with presenters, Don Willenburg, chair of the ADC’s amicus briefs committee, and Tyler Paetkau, co-chair of the employment law committee, who will discuss the basics of what makes an enforceable 998 offer and address some recent and surprising decisions.