No, settlement communications and even the fact of settlement discussions are completely inadmissible in court proceedings and the judge will not learn of it. If the judge did learn of it, it would count for nothing.
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No, settlement agreements are privileged and will not be reviewed by the judge, with certain exceptions, such as class actions. The only thing that may happen, if they agree with the settlement, is that both sides will inform the judge that the case has settled. The judge will not inquire into the terms of the settlement.
A settlement offer is confidential even from a judge...but please mark your letter "settlement communication - protected and confidential"...some lawyers place the rule number on the letter as well..
Let me separate your question into three subjects: 1) Will the judge ever "see" the offer? Well, sometimes a party will attach a settlement communication to a court filing, often improperly. So the judge might see the offer whether it is appropriate or not; 2) Will the settlement offer be considered by the judge or jury at trial? Generally, it will not be considered by the judge and should be excluded from the jurors upon request because settlement offers are usually not admissible as evidence of liability. See Evidence Code section 1152; 3) Will a settlement offer ever be considered by the judge in making any ruling? Sometimes settlement offers, or certain forms of settlement offers, are relevant to determinations of attorney's fees, costs, expert fees, etc. In disabled access cases, settlement offers can be considered in determining costs or attorney's fees to be awarded. (Civ. Code, sec. 55.55.) In most California litigation, settlement offers made in a particular form specified under Code of Civil Procedure section 998 can potentially have a substantial effect on how attorney's fees and costs are awarded after trial or arbitration. A 998 offer can be made in a letter form if properly drafted.
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