• Posts by Michael Kang
    Posts by Michael Kang
    Of Counsel

    Michael Kang is a seasoned litigator and a member of the firm’s Commercial and Complex Litigation Practice Group. Mr. Kang represents individuals, companies, corporations, partnerships, and organizations in all types of ...

Recent California Supreme Court Decision Encourages Parties to Make Reasonable Settlement Offers (aka a 998 Offer) as Early as Possible

On March 21, 2025, the California Supreme Court rendered a decision in Madrigal, et al v. Hyundai Motor America (S280598) regarding the following question: “Does a plaintiff who has rejected a 998 offer or allowed it to be deemed withdrawn for want of timely acceptance, but later agrees to settle before trial, necessarily avoid the postoffer cost-shifting effects of section 998?”  The Supreme Court held that a plaintiff does not necessarily avoid section 998’s cost-shifting effects.

Categories: Litigation

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