I'm pro per and suing my employer and my manager for per se defamation involving a false disciplinary action, and my employer for whistleblowing retaliation (please assume all the merits exist). Both defendants have the same attorney as representation. I would like to make a CCP998 offer to the manager for $1 and a retraction of the defamatory statements, and if s/he accepts use the retraction in the whisteblower case as proof of retaliation. Do you see any obstacles?
First, thanks for the great information. Second - touche mon ami: $1 was arbitrary and basically derived from the numerous cases where a jury awards $1. And yes, the employer will probably pay any settlement. You correctly ascertain that I'm trying to offload the manager in favor of obtaining evidence. Am I just going about it wrong, or in general is this a bad strategy?
Family Law Attorney
The offer is so small, the jurors might feel anyone would pay a $1 to get out of litigation.
My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.
$1 seems specious and arbitrary; you're saying "I'll give you $1 for evidence against the other defendant." The employer is likely paying any award/judgment against the manager anyway so they won't likely care about a 998. Sounds like you need a lawyer.