Legal Question in Civil Litigation in California
Admissibility of Settlement Offers
Under California law, can settlement offers be introduced into a formal proceeding (administrative, civil) which is being held to address penalties or fines? Or, in other words, can the settlement offer, and the discussions pertaining to the offer be considered relevant during a hearing to determine an appropriate penalty?
1 Answer from Attorneys
Re: Admissibility of Settlement Offers
Please review Evidence Code sections 1152 and 1154:
�1152(a): Evidence that a person has, in compromise or from humanitarian motives, furnished or offered or promised to furnish money or any other thing, act, or service to another who has sustained or will sustain or claims that he or she has sustained or will sustain loss or damage, as well as any conduct or statements made in negotiation thereof, is inadmissible to prove his or her liability for the loss or damage or any part of it.
�1154: Evidence that a person has accepted or offered or promised to accept a sum of money or any other thing, act, or service in satisfaction of a claim, as well as any conduct or statements made in negotiation thereof, is inadmissible to prove the invalidity of the claim or any part of it.
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