First Impression Case Paid Heed To The Statutory Language Mandating An Acceptance Line.
In facing a first impression issue, the 2/4 DCA in Mostafavi Law Group, APC v. Larry Rabineau, APC, Case No B302344 (2d Dist., Div. 4 Mar. 3, 2021) (published) decided that a section 998 offer lacking an acceptance line, although accepted through a handwritten insertion by plaintiff, was invalid, also voiding the subsequent judgment entered based on the invalid offer.
The appellate panel reasoned that this result was a logical extension of cases upholding a litigant’s rejection of a 998 offer where an acceptance line was missing, providing a “bright-line rule” based on 998’s statutory language and consonant interpretive case law. It found no reason to apply contractual or equitable principles which led to a result in derogation of the statutory mandate.
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