Can a CCP 998 offer be limited in duration? Can I file a 998 offer with an expiration date of 5 court days?

I want to make a 998 offer but not leave the offer on the table more than 5 court days? I'm in San Bernardino County Superior Court, Unlimited Jurisdiction before the good judge.

San Bernardino, CA -

Attorney Answers (2)

Erik Priedkalns

Erik Priedkalns

Estate Planning Attorney - Santa Monica, CA
Answered

The offer is statutory in nature, and the amount of time to accept cannot be modified. If you want to put the pressure on the other side, make an informal offer and give them 5 days.

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Frank Wei-Hong Chen

Frank Wei-Hong Chen

Litigation Lawyer - San Marino, CA
Answered

No, you cannot change the statutory time limits set forth under CA Code of Civil Procedure section 998. If you want to make a settlement offer with only a 5 court day acceptance period, you just make a written offer without following CCP 998.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more

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