Settlement Offers To Compromise Under Code of Civil Procedure Section 998, Must Conform To Statute.

Since 2006, the statute governing statutory offers to compromise (Code of Civil Procedure section 998) has provided that the offers include “a provision that allows the accepting party to indicate acceptance of the offer by signing a statement that the offer is accepted.” The language of the statute is mandatory and Puerta v. Torres (Cal. App. Fourth Dist., Div. 3; May 25, 2011) 195 Cal.App.4th 1267, [124 Cal.Rptr.3d 922, 2011 DJDAR 7614], http://www.courts.ca.gov/opinions/archive/G043745.PDF  held that an offer not containing this sentence was void and costs could not be awarded to defendant even though the judgment was for less than the offer.