CALIFORNIA FAMILY LAW
...Attorney Fees
......Offers to Compromise
6 Cards On This Topic:

Offers to compromise.

Where P makes two successive offers, and D fails to obtain judgment more favorable than either, allowing P to recover expert fees incurred from date of 1st offer is consistent with CCP 998 and promotes its statutory purpose.

Defendant may recover costs under CCP §998 where plaintiff asserts good faith FEHA and POBRA claims, and where both acts provide that an award of costs is limited to bad faith or frivolous actions.

Where plaintiff's settlement offer to defendants did not contain an acceptance provision and plaintiff was awarded monetary damages at trial greater than her offer, defendant's motion to tax costs under CCP §998 properly granted.

Offers to compromise (Code Civ. Proc. §998) do not apply in family law proceedings.

Unlike other coplaintiffs, a CCP 998 settlement offer may be made jointly to H & W; either spouse may accept or reject on behalf of community.