AB 1254

Bill Subjects

Abstract

Under existing law, any party may serve an offer in writing, not less than 10 days prior to the commencement of trial or arbitration, upon any other party to the action to allow judgment to be taken or an award to be entered in accordance with the terms and conditions stated at that time. Existing law provides that if the offer is not accepted prior to trial or arbitration or within 30 days after it is made, whichever comes first, and the offering party obtains a more favorable result at trial or arbitration, the party making the offer may recover his or her postoffer costs, including, at the discretion of the court or arbitrator, costs of the services of expert witnesses, as specified, actually incurred and reasonably necessary in preparation for trial or arbitration of the case. This bill would provide that for a settlement offer that is not accepted to have the above-described effect, it must be served 15 days prior to the commencement of trial or arbitration and not be accepted prior to the trial or arbitration or within 25 days after the offer is made, whichever comes first. This bill would also make a technical, nonsubstantive change to these provisions of law.