CCP 998 retraction for defamation

Asked 6 months ago - San Francisco, CA

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?

Additional information

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?

Attorney answers (3)

  1. Stephen Ross Cohen

    Contributor Level 20

    2

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . 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.... more
  2. Christopher John Gansen

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . $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.

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . A few more facts would be helpful, and a free consultation to discuss it in full with a local attorney would be prudent.

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