Legal Question in Business Law in California
998 Offer
If I propose a settlement offer for more than defendants current 998 offer and before their deadline. Do I invalidate by ability to take them up on the lower 998 offer amount if they dont come through on my proposed settlement offer?
2 Answers from Attorneys
Re: 998 Offer
No. A counterproposal would effectively reject other types of settlement proposals, but proposals made under Section 998 of the Code of Civil Procedure remain in effect until they expire or are formally withdrawn. Making a counterproposal will not invalidate a pending 998 offer.
Re: 998 Offer
I want to add something to my prior answer. I previously wrote that "proposals made under Section 998 of the Code of Civil Procedure remain in effect until they expire or are formally withdrawn." It is also possible for the offeree to formally reject a 998 offer; such a rejection would terminate the offer.
In most bargaining situations a counter-offer would act as a rejection of the prior offer, but that is true of Section 998 offers. Rejection of such an offer must be explicit, and will not be inferred from a counteroffer.
Related Questions & Answers
-
Is it against Google's TOU to embed them into a Real Estate blog Is it against... Asked 7/05/08, 6:05 pm in United States California Business Law
-
Trade Secrets A disgruntled employee of my major competitor mails top-secret... Asked 7/04/08, 1:09 pm in United States California Business Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
