What is the test for determining whether an offer was reasonable when the offer was made?

California, United States of America


The following excerpt is from Hackett v. Silva Trucking, Inc., C076745 (Cal. App. 2017):

Instead, defendants claim the trial court abused its discretion by evaluating the offers in hindsight based on the verdict ultimately entered, rather than evaluating the offers at the time they were made. However, the judgment itself, which far exceeded the offer, is prima facie evidence the offer was reasonable, and the burden is on the offeree to show otherwise, based on what the parties knew or should have known at the time the offer was made. (Adams v. Ford Motor Co. (2011) 199 Cal.App.4th 1475, 1484.)

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