Two Case Law Updates Attorneys Should Know About California Section 998 Offers

ROADS TO Resolution ~ Closure ~ Certainty

Are you an attorney, claims professional or party with litigation pending in California? Are you keeping up with the latest in California Section 998 offers? Watch your 998’s and how you word them!

In this quick “Thursday Tip of the Day”, Host, Jean Lawler–commercial + insurance mediator and arbitrator–provides a case law update on two California appellate court cases that were decided on October 28, 2022, examples of 998 offers that were either not properly extended or accepted by one party or the other - and the consequences of such.

• Trujillo v. City of Los Angeles
• Council for Education and Research on Toxics v. Starbucks Corp. et al

To read the full episode transcript please see the Podcast Website.
Since this recording, an appellate decision in the case of Chen v. BMW of North America was published, providing an excellent discussion and roadmap of a 998 offer that was correctly extended, in accord with statutory requirements, and how the 998 offer should be applied. There, a settlement on the courthouse steps was for the same amount as a 998 offer that had been issued by the defense approximately 2 years prior. This opinion can be found at: www.courts.ca.gov/opinions/documents/H048257.PDF.
About the Host:

Based in Los Angeles, CA, Jean Lawler is an attorney and mediator, focusing on commercial, insurance and civil litigation matters pending at the trial and appellate levels - wherever filed. She regularly mediates a wide variety of insurance, business, and tort matters, as well as federal ADA accessibility lawsuits re architectural barriers and websites. CIPP/US (Certified Information Privacy Professional) certified, Jean also mediates matters involving data breaches, ransomware, and cyber losses. She has mediated hundreds upon hundreds - thousands - of cases over the years with a myriad of issues. For a more detailed sampling of the types of mediations that she has conducted and participated in, both when in practice and as a full-time mediator, please refer to her web page detailing Representative Matters.
Prior to becoming a full-time mediator in 2017, Jean was a Senior Partner in a Los Angeles based litigation firm, representing corporations, professionals, non-profits, individuals, and insurers in a broad range of matters, at trial and on appeal - mediating hundreds upon hundreds of cases over the years. Her legal experience has been diverse and international, and she has a deep knowledge of the insurance industry, insurance policies and the various risks they insure against (primary, excess, reinsurance, program, surplus lines, London Market, and international insurers). She also served as a Managing Partner of her former law firm, at times chairing the firm’s Insurance Law, Cyber & Privacy Law, International Law, and Business & Real Estate Transactions practice groups and, ultimately, served her many clients as counselor and trusted advisor.
As she would tell you if asked: “I absolutely love what I do! I would be honored to serve as your Mediator or Arbitrator.”
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