Section 998: Where Respondent Made A Counteroffer to A Section 998 Offer, Lower Court Erred In Entering Judgment Under This Scenario

Judgment Was Void On Its Face.

               A judgment based on acceptance of a CCP § 998 offer was found void because the accepting party made a counteroffer in Endrawes v. Mitchell, Case No. B330916 (2d Dist., Div. 6 July 16, 2024) (unpublished).  There, a defendant accepted a 998 offer but added language indicating appellant was releasing “any and all other persons, whatsoever, from any and all claims . . . .”  This language rendered a judgment entered on the “acceptance” void because plaintiff did not accept the counteroffer, because plaintiff’s offer became void after 30 days.  (Bias v. Wright, 103 Cal.App.4^th 811, 814, 817 (2022).)