Joint Offer Under Cal. Civ. Proc. §998 To Spouses Okay.

Plaintiffs contended a Civ.Proc. §998 offer made jointly to a husband and wife is void.  The trial court rejected the argument and the Court of Appeal affirmed, stating:  “A section 998 offer may be made jointly to spouses because, under the California’s community property law, a cause of action for personal injury damages is community property (Fam. Code §780) and under Family Code section 1100, subdivision (a), either spouse has the power to accept the offer on behalf of the community.”  Farag v. Arvinmeritor  (Cal. App. Second Dist., Div. 3;  April 24, 2012) 205 Cal.App.4th 372.