Is a single, indivisible offer made to more than one plaintiff valid under section 998 of the California Civil Code?

California, United States of America


The following excerpt is from Rumbeck v. Premier Valley, Inc., C/w Case No. F072523, F072262 (Cal. App. 2017):

In support of his argument, Rumbeck cites the general rule that a single, indivisible offer made to more than one plaintiff is not considered valid under section 998 because it would require the plaintiff offerees to agree to a division of the settlement proceeds or to an allocation of those proceeds to the various causes of action in issue. (Meissner v. Paulson (1989) 212 Cal.App.3d 785, 791 (Meissner) ["only an offer made to a single plaintiff, without need for allocation or acceptance by other plaintiffs, qualifies as a valid offer under section 998"].)

Page 20

Other Questions


Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Is a single, indivisible offer made to more than one plaintiff valid under section 998 of the California Civil Code? (California, United States of America)
Does Section 1054(1) of the California Civil Code of Civil Procedure, section 1054 et. seq. and section 854 of the Criminal Code, allow defense counsel to conduct their investigation and prepare for trial? (California, United States of America)
Does Section 2924 of the California Civil Code, section 47 of the Code of Civil Procedure, grant privileged communications to a plaintiff in a nonjudicial foreclosure proceeding? (California, United States of America)
How have courts interpreted section 139 of the California Civil Code, section 139 2 of the S.C. Code of Civil Procedure? (California, United States of America)
What is the effect of section 1714 of the Civil Code 2 (b) and (c) of the California Civil Code, and what are the implications of that section? (California, United States of America)
What is the test for Section 654 of the California Criminal Code when a defendant is found guilty of a breach of section 654 or section 744 of the Code of Civil Procedure? (California, United States of America)
In what circumstances will the California Civil Code section 1714 of the Civil Code apply to an individual who has been denied a right to claim damages under the Civil Procedure Act? (California, United States of America)
Does the California Supreme Court have any authority or authority to amend or amend a section of the California Statutory Code of Civil Procedure to make it easier for a plaintiff to sue for damages? (California, United States of America)
Is section 12022.53 of the Criminal Code of California unfettered by section 654 of the Code of Civil Procedure? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.