Section 998: If You Want A Settlement Agreement And Release As Part Of A 998 Offer, Make Sure To Attach One And Make Releases Narrow So As To Validate The Offer

Otherwise, Unspecified Settlement Terms Are Too Uncertain In Nature.

            K.M. v. Grossmont Union High School Dist., Case Nos. D0759571/D076833 (4th Dist., Div. 1 Oct. 25, 2022) (published) holds that if you, as a CCP offeror, want a settlement agreement or Civil Code section 1542 release as part of the 998 offer, you better attach the settlement agreement and release to the offer so the lower court can determine if the offer is valid.

            The opinion also suggests that detailing the terms of the settlement agreement/release in the offer might work, but our takeaway is it would be best to attach the entire settlement agreement/release to the 998 offer.