sample offer to compromise for california pursuant to section 998 of the code of civil procedure
DESCRIPTION
This is a sample offer to compromise or 998 offer for California is pursuant to Section 998 of the Code of Civil Procedure. This sample is used when a defendant wants to make an offer to compromise to the plaintiff. It can be adapted for use by a plaintiff who wishes to make an offer to compromise to a defendant. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.TRANSCRIPT
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Any Attorney or DefendantAny StreetAny Town, CA 00000
555-555-5555
Any Attorney or Defendant
Superior Court of the State of California
For the County of _____________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant,
Defendant.
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Case No.
OFFER TO COMPROMISE PURSUANT TO CODE OF CIVIL PROCEDURE § 998 TO PLAINTIFF _____________
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OFFER TO COMPROMISE PURSUANT TO CODE OF CIVIL PROCEDURE § 998
TO PLAINTIFF
TO PLAINTIFF _____________________________ AND THEIR ATTORNEYS OF
RECORD:
- 1 -OFFER TO COMPROMISE
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Pursuant to Code of Civil Procedure § 998, Defendant _______________________offers to
pay in exchange for dismissal of this action, the sum of $_______________ in satisfaction of all
claims for damages, costs and expenses, attorney’s fees and interest in this action.
You may indicate below your acceptance of this offer by signing the statement to that effect
that is set forth below. This offer shall remain open for thirty days from the date signed below.
DATED: ________________ LAW OFFICE OF ANY ATTORNEYA Professional Corporation
By: ____________________________________ Attorney for Defendant______________________
Plaintiff ______________________________, accepts the above offer on the terms stated.
DATED: ___________________ LAW OFFICE OF ANY ATTORNEY
By: ____________________________________
Attorney for Plaintiff ________________________
- 2 -OFFER TO COMPROMISE
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PROOF OF SERVICE
I am over the age of 18 and not a party to this action.
I am a resident of or employed in the county where the mailing occurred; my business/residence address is: ADDRESS OF PERSON SERVING PAPERS.
On ____________________ I served the foregoing document(s) described as: OFFER TO COMPROMISE PURSUANT TO CODE OF CIVIL PROCEDURE § 998 TO PLAINTIFF ________________________to the following parties:
NAME AND ADDRESS OF ATTORNEY FOR OTHER PARTY OR OTHER PARTY
[X] (By U.S. Mail) I deposited such envelope in the mail at _________, California with postage thereon fully prepaid. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.
I declare under penalty of perjury under the laws of the State of California that the foregoingis true and correct.
DATED: ______________
_______________________________________ NAME OF PERSON SERVING PAPERS
- 3 -OFFER TO COMPROMISE