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Tuesday, May 29, 2012

Perez v. Torres: Court Requires Strict Compliance with CCP 998

When I was litigating, it surprised me how frequently parties failed to comply with or understand the implications of CCP 998 offers to compromise.

In Perez v. Torres (5/24/12) --- Cal.App.4th ----, the Court of Appeal held that parties must comply strictly with 998's requirements in order to enjoy its benefits. Specifically, a CCP 998 offer is invalid if it lacks the required "provision that allows the accepting party to indicate acceptance of the offer by signing a statement that the offer is accepted."

The opinion is available here.

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