CCP Section 998: Making A 998 Offer After Filing A Motion To Quash For Lack of Jurisdiction Does Not Constitute A “General Appearance”

Fourth District, Division 1 Construes the Type of “Acts” Which Will Waive Jurisdictional Challenges.

     For our purposes, the Fourth District, Division 1 has decided that Italian defendants’ making of a pretrial offer under Code of Civil Procedure section 998 does not waive motion to quash jurisdictional challenges, if the 998 offer was made after the filing of a motion to quash.  The opinion so deciding is Air Machine Com SRL v. Superior Court (Sukumar), Case No. D054878 (4^th Dist., Div. 1 July 2, 2010) (certified for publication).

     However, we think this decision is must reading in the general/special appearance substantive arena. This may expand the conduct – defensive or otherwise – that will not expose a defendant to waiver principles while challenging service on jurisdictional grounds.