February 7

Section 998 Offers to Compromise: Good Faith and Prematurity

Section 998 Offers to Compromise: Good Faith and Prematurity

In Licudine v Cedars-Sinai Medical Center, the California Court of Appeal affirmed the trial court’s ruling that a California Code of Civil Procedure §998 Offer (“offer”) was not made in good faith when made only 19 days after serving the defendant with the complaint; when made only five days after defendant filed its answer; when the defendant had very little information available; and when plaintiff never responded to that concern, thus precluding recovery of interest and expert costs pursuant to §998.

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