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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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 Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
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.