California Supreme Court Opens the Door to Alternative-Choice Section 998 Offers

(Subscription required) A settlement offer under Code of Civil Procedure Section 998 can alter the allocation of litigation costs and the economics of continuing a lawsuit through trial. But how much flexibility does a party have in structuring that offer? The California Supreme Court answered that question, unanimously rejecting a categorical rule that would invalidate a Section 998 offer simply because it gives the recipient a choice between two alternative, independent offers to settle.