Posts Tagged ‘offers to compromise’

THE WORDING OF A C.C.P. SECTION 998 OFFER TO COMPROMISE

Code of Civil Procedure section 998 offers to compromise are an integral part of the settlement process. Engle v. Copenbarger and Copenbarger (2007) 157 Cal.App.4th 165 offers a well-advised cautionary tale as to how such offers should be worded.

In that matter, Engle, a former legal assistant for Copenbarger and Copenbarger (Copenbarger), sued it for both statutory discrimination (sex harassment, sex discrimination and retaliation) and tort claims. Thereafter, Copenbarger filed a 998 offer to settle for $35,000, which provided in material part, “That the judgment … shall be in exchange for a release and discharge of any and all claims of whatever nature (substantive and procedural) which the plaintiff may have against the defendants.” Engle accepted the offer the next day.
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