Legal Question in Business Law in California

998 Offer:

If I make a 998 offer and I have 2 defendants; albeit they worked in tandem on my business matter but were separate professional entities (corporations). They share professional office space, staff, etc..Do I need to make separate 998 offers to each of them? or is a joint 998 offer appropriate?


Asked on 7/07/08, 12:41 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: 998 Offer:

There is no way to answer this question without knowing the nature of your claims against the two defendants. What matter is not so much how they are related to each other as why each is allegedly liable to you.

Even if you can make a joint 998 offer to them, there may be strategic reasons why separate offers would be better. Then again, a joint offer might be more appropriate. Which option is better for you will depend upon many factors. Additionally, even where a joint 998 offer could be made, it must be drafted correctly; a layperson who does not know what he is doing is unlikely to do it right.

This is a complex subject which cannot be summarized or explained in the limited amount of space available to LawGuru attorneys. You should hire a lawyer to advise you if you are litigating on your own. If you already have counsel, you should direct your questions to him rather than to this site.

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Answered on 7/07/08, 1:23 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: 998 Offer:

I agree with the previous answer; it would also be useful to know whether the two defendants are represented by the same or different counsel; whether there is an express or equitable duty of indemnity; whether there are any cross-complaints; whether insurance may cover the damages, and so on.

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Answered on 7/07/08, 1:43 pm


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