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998 offer vs paying entire amount of debt. Would I prevail in a 998 offer under these it worth it?

Long Beach, CA |

Sued by my HOA for unpaid dues. Negotiated a settlement of roughly $15000. All of a sudden they throw in a stipulation order for permanant injunction of my dogs, stating if my dogs pee on the balcony, or I void terms of agreement, then I will have to remove dogs from property. This claim was not mentioned in original lawsuit, just mention of the debt. They are now saying there will be no setllement without the signed stipulation order, but this dog issue has been resolved for several months and also paying a $3500 fine(included in settlement). I don't even allow them on the balcony. I really don't want to give up my rights to my dogs. The original debt is currently $19000. About $7000 of that is fines $3500 for dogs and $3500 for door handle. They both started as $100 and basically doubled every month for 7 months. Should I proceed with 998 offer or just offer to pay off enitre debt of $19000 without stipulated order?

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Attorney answers 3


This is the second question you have posted recently regarding this matter. You should follow your attorney's advice. If you do not have an attorney, you should consult and retain one.

You need legal training to make a 998 offer and knowledge of the facts and you should have an attorney review the offer and facts with you before you accept one. Perhaps you want to ignore the offer and make one for yourself. Or, settle the matter pursuant to a settlement agreement and release.

Your question does not contain enough information for anyone here to advise you regarding a 998 offer. Good luck.

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Ok, I guess you're right. The question is vague. I think was more worried about finances,plus I'm trying to educate myself...but I do have a lawyer, thank you.


I whole-heatedly agree with Attorney Daymude that your question does not contain enough information for anyone here to advise you regarding a CCP 998 offer of com[promise.

Generally speaking, a 998 offer of compromise is useful only when the parties anticipate the necessity to hire a plethora of expert witnesses before trial. Otherwise, a 998 offer is not all that useful in a HOA dispute involving unpaid assessments.

Moreover, the consequences of making and accepting (or rejecting) a 998 offer are somewhat complicated for even lawyers to understand.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

Michael Raymond Daymude

Michael Raymond Daymude


"The consequences of making and accepting (or rejecting) a 998 offer are somewhat complicated for even lawyers to understand." -- The courts of appeal, too!


I agree with the other attorneys on this one. A CCP 998 Offer is really used to put pressure on the other side, such that if you are using expert witnesses in your case, the court has discretion to award reasonable expert fees if you achieve a better result than your CCP 998.

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.