Legal Question in Real Estate Law in California

Re: Confidential Settlement Offer

Mr. Whipple is correct, but unless you are being accussed of bad faith how is the letter evidence? The letter is a legal argument that you can orally made to the judge/jury but it is not evidence of any facts so can not be an exhibit.

You greatly seem to need an attorney as you probably have no idea as to how to handle the case. When you made the settlement offer did you make it under CCP 998 so that if they get less money at trial then you offered you get paid your costs. You former attorney may still be willing to help you a little. Has he/she filed a request to be dismissed as your attorney, as must be done? Has the case gone to arbitration or mediation to try to settle with little in the way of costs?

Re: Confidential Settlement Offer

It may be inadmissible for either of two reasons: (1) hearsay, or (2) settlement-related communications.

If you testified to the facts in the settlement offer, that might overcome the hearsay objection. Indeed, not all of the document is necessarily hearsay, but if you offered the entire thing it would be subject to objection.

Also, if the offer consists entirely of your side's position and does not relate to mediation or other two-way settlement efforts, you may be in control of whether it is admissible or not. However, to the extent it even suggests positions the other side took during settlement efforts, the other side could object.

Be sure to study the court's local rules regarding pretrial conferences, witness lists, exhibit lists, furnishing copies of proposed exhibits, etc.