Section 998: Oral Summary Judgment Grant Cuts Off Ability To Accept A 998 Offer

Mischief Would Result If This Was Not The Consequence.

            In Trujillo v. City of Los Angeles, Case No. B314042 (2d Dist., Div. 2 Oct. 27, 2022) (published), a defendant moved for summary judgment and made a CCP 998 offer days before the hearing.  The trial court orally granted the summary judgment motion, with plaintiff then accepting the 998 offer.  The appellate court agreed with the trial court’s conclusion that the 998 offer expired upon the oral grant of the summary judgment motion against the plaintiff.