Section 998: Only Mentioning CCP § 998 Or Allowing Judgment To Be Entered, Without More Precise Instructions For Accepting 998 Offer, Does Not Render A 998 Offer Valid

4/1 DCA Provides Further Guidance On Drafting Effective 998 Offers.

            Drafting effective CCP § 998 offers can be tricky, as the 4/1 DCA recognized in Finlan v. Chase, Case No. D078410 (4^th Dist., Div. 1 Sept. 15, 2021) (published).  A plaintiff lost some hefty costs and expert witness fees by not providing specific acceptance instructions in the 998 offer.  The published decision adds two nuances to the jurisprudence in this area: (1) simply incorporating by a reference to section 998, without further acceptance instructions, will not suffice; and (2) a reference to “allow judgment to be entered” is not the equivalent of specific acceptance instructions.