Cal. Litig. 2021, Volume 34, Number 3

Three Recent Decisions on Section 998 Settlement Offers

By Don Willenburg & Tyler Paetkau

Don Willenburg is a partner in the San Francisco office of Gordon Rees.

Tyler Paetkau co-chairs Procopio’s Labor and Employment Practice Team.

A Code of Civil Procedure section 998 offer can be a powerful tool. If the other side does not accept and fails to obtain "a more favorable judgment," then the non-accepting party becomes liable for the offeror’s costs, which may include expert fees.

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