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Articles Posted in settlement

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A Guide to Statutory California Settlement Offers (Code of Civil Procedure Section 998)

California Code of Civil Procedure section 998 encourages parties involved in legal disputes to settle prior to trial. According to this law, either party can present a written settlement offer to the other party up to ten days before the trial begins. (CCP § 998(b).)  If the plaintiff declines a…

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Equity as a Settlement Offer (Code of Civil Procedure § 998)

California Code of Civil Procedure section 998 incentivizes parties in litigation to settle their disputes before trial. The statute provides that up to ten days before trial, either party may submit a written offer to the other to settle the case under specified terms. (CCP § 998(b).)  If the plaintiff…

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What is a 1542 Waiver? (Civ. Code section 1542)

Civil Code section 1542 provides, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected…

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