Legal Question in Administrative Law in California

998 Compromise offers

I have 4 independent defendants in my civil case lawsuit that I have filed in the superior court. Three of them are willing to settle the case, but the fourth one who is in pro per is not at all interested to settle.

Pursuant to Code Civ. Proc. � 998, I want to make a compromise offer to the defendants. To persuade the fourth defendant into settling the case with me, I plan to make a separate 998 offer to him. My belief is this that if I settle my case with the three defendants, the fourth defendant will feel isolated and pressured to accept my offer to compromise.

Here are my questions:

1) Can I make two separate 998 offers to the defendants (one to three defendants and the other to the fourth one)

2) If the three defendants accept my compromise offer and the fourth one does not, can I settle my lawsuit with the three defendants and continue with the fourth one until we go to trial?


Asked on 12/02/07, 2:44 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

Re: 998 Compromise offers

You are not required to lump all defendants together. You can settle with any number of them, or send out $998 demands [the 998 must fully settle that defendant's portion of the case]to all ,one, or any combination, with the demand figure being different to all of them.

Please see our earlier answers pointing out why you want to negotiate first instead of making a 998. I do not think it will make any difference if you just agree to a figure with a particular defendant or settle via that defendant accepting a 998. If it is a situation where all defendants are liable jointly then the liability of the 4th non-settling defendant is the case value less what you have received in prior settlements.

Read more
Answered on 12/02/07, 4:15 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: 998 Compromise offers

The answer is yest to both questions. If the three are willing to settle, than you can settle without making a 998 to them. You can still proceed against the fourth whether or not you make a 998 demand. The fourth will be liable only for his or her prorata share of liability respecting non-economic damages. As to out of pocket damages, the liability is joint and several. He or she will be entitle to a credit for those damages paid by the settling defendants to the extent they are determined to represent economic (out of pocket) damages.

Read more
Answered on 12/02/07, 6:22 pm


Related Questions & Answers

More Administrative Law questions and answers in California