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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 998

Citation
Section 998
Parent Document
Kelly v. Choon Yee, 213 Cal. App. 3d 336 (1989)
Jurisdiction
California (state)
Effective Date
1989-08-22

Full Text

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Section 998 allows either party to submit a written offer of settlement at least 10 days before trial. If the other party refuses this offer and later fails to secure a more favorable judgment, the costs allowed under Code of Civil Procedure section 1031 and 1032 “shall be withheld or augmented as provided [by the section].” The governing portion of section 998 provides: “If an offer made by a defendant is not accepted and the plaintiff fails to obtain a more favorable judgment, the plaintiff shall not recover his or her costs and shall pay the defendant’s costs from the time of the offer.”