California Plaintiff's Response to Defendants' Offer of Judgment

State:
Multi-State
Control #:
US-PI-0044
Format:
Word; 
Rich Text
Instant download

Description

This form is used by the plaintiff to respond to defendant's offer to settle case prior to trial. In this form, plaintiff responds by making a counter-offer.
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FAQ

In California, a 998 offer is a cost-shifting mechanism to encourage settlement. Essentially, it means that if a settlement offer is made and rejected, the case goes to court, and the rejecting party fails to obtain a more favorable judgment in court, there is an effect on the payment of court costs.

The purpose of rule 49 is to encourage parties to end litigation sooner than later while being cost-effective. How does it do that? Rule 49 incentivizes the parties to make reasonable offers to settle and imposes cost consequences on those who do not accept reasonable offers to settle.

? At any time more than 10 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against him for the money or property or to the effect specified in his offer, with costs then accrued.

(a) Making an Offer; Judgment on an Accepted Offer. At least 14 days before the date set for trial, a party defending against a claim may serve on an opposing party an offer to allow judgment on specified terms, with the costs then accrued.

As the name suggests, a Rule 68 Offer of Judgment is, in fact, an offer permitting a plaintiff to accept and enter a judgment against a defendant on specified terms, subject to the court's approval of the settlement via Rule 68.

Accepting or rejecting a 998 offer The party to whom the 998 offer was made must accept the offer in writing within 30 days after it is made, or before the trial or arbitration, whichever is earlier.

In addition, Civil Code Section 3291 provides pre-judgment interest on plaintiff's judgment at the legal rate of 10 percent commencing on the date of plaintiff's first 998 offer which is exceeded by the trial judgment.

At the commencement of and throughout an action, every remedy is available that, under the law of the state where the court is located, provides for seizing a person or property to secure satisfaction of the potential judgment. But a federal statute governs to the extent it applies.

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California Plaintiff's Response to Defendants' Offer of Judgment