What is the burden of making a section 998 offer to a plaintiff?

California, United States of America


The following excerpt is from Foss v. San Antonio Cmty. Hosp., E057236 (Cal. App. 2015):

favorable than his section 998 offer. The burden is therefore on plaintiffs to prove that the offer was unreasonable. "'Finally, whether a section 998 offer was reasonable and made in good faith is a matter left to the sound discretion of the trial court.' [Citation.]" (Santantonio v. Westinghouse Broadcasting Co., supra, at p. 117.)

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