This a sample offer to compromise or also known as a 998 offer for California is pursuant to Section 998 of the Code of Civil Procedure. This sample is used when a defendant wants to make an offer to compromise to the plaintiff. It can be adapted for use by a plaintiff who wishes to make an offer to compromise to a defendant. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.

1. 1 Any Attorney or Defendant
Any Street
2 Any Town, CA 99999
3 555-555-5555
4 Any Attorney or Defendant
5
6
7
8 Superior Court of the State of California
9 For the County of _____________
10
11 Any Plaintiff, ) Case No.
)
12 Plaintiff, )
OFFER TO COMPROMISE PURSUANT TO
)
13 CODE OF CIVIL PROCEDURE § 998 TO
vs. )
PLAINTIFF _____________
)
14 Any Defendant, )
)
15 Defendant. )
)
16 )
)
17
18
To subscribe to my FREE California weekly legal newsletter visit
19
20 http://www.legaldocspro.net/newsletter.htm and enter your e-mail
21
address. Be sure to remove these notices before using this document.
22
23 1OFFER TO COMPROMISE PURSUANT TO CODE OF CIVIL PROCEDURE § 998
24 TO PLAINTIFF
25
TO PLAINTIFF _____________________________ AND THEIR ATTORNEYS OF
26
RECORD:
27
28
- 1 -
OFFER TO COMPROMISE

2. 1 Pursuant to Code of Civil Procedure § 998, Defendant _______________________offers to
2 pay in exchange for dismissal of this action, the sum of $_______________ in satisfaction of all
3
claims for damages, costs and expenses, attorney’s fees and interest in this action.
4
You may indicate below your acceptance of this offer by signing the statement to that effect
5
6
that is set forth below. This offer shall remain open for thirty days from the date signed below.
7 DATED: ________________ LAW OFFICE OF ANY ATTORNEY
A Professional Corporation
8
9
10
By: ____________________________________
11
Attorney for Defendant______________________
12
13
14 Plaintiff ______________________________, accepts the above offer on the terms stated.
15
16
DATED: ___________________ LAW OFFICE OF ANY ATTORNEY
17
18
19
By: ____________________________________
20
Attorney for Plaintiff ________________________
21
22
23
24
25
26
27
28
- 2 -
OFFER TO COMPROMISE

3. 1 PROOF OF SERVICE
2 I am over the age of 18 and not a party to this action.
3
I am a resident of or employed in the county where the mailing occurred; my
4 business/residence address is: ADDRESS OF PERSON SERVING PAPERS.
5 On ____________________ I served the foregoing document(s) described as: OFFER TO
6
COMPROMISE PURSUANT TO CODE OF CIVIL PROCEDURE § 998 TO PLAINTIFF
________________________to the following parties:
7
8 NAME AND ADDRESS OF ATTORNEY FOR OTHER PARTY OR OTHER PARTY
9
[X] (By U.S. Mail) I deposited such envelope in the mail at _________, California with
10 postage thereon fully prepaid. I am aware that on motion of the party served,
service is presumed invalid if postal cancellation date or postage meter date is
11 more than one day after date of deposit for mailing in affidavit.
12
I declare under penalty of perjury under the laws of the State of California that the foregoing
13 is true and correct.
14 DATED: ______________
15
_______________________________________
16 NAME OF PERSON SERVING PAPERS
17
18
19
20
21
22
23
24
25
26
27
28
- 3 -
OFFER TO COMPROMISE

4. 1 PROOF OF SERVICE
2 I am over the age of 18 and not a party to this action.
3
I am a resident of or employed in the county where the mailing occurred; my
4 business/residence address is: ADDRESS OF PERSON SERVING PAPERS.
5 On ____________________ I served the foregoing document(s) described as: OFFER TO
6
COMPROMISE PURSUANT TO CODE OF CIVIL PROCEDURE § 998 TO PLAINTIFF
________________________to the following parties:
7
8 NAME AND ADDRESS OF ATTORNEY FOR OTHER PARTY OR OTHER PARTY
9
[X] (By U.S. Mail) I deposited such envelope in the mail at _________, California with
10 postage thereon fully prepaid. I am aware that on motion of the party served,
service is presumed invalid if postal cancellation date or postage meter date is
11 more than one day after date of deposit for mailing in affidavit.
12
I declare under penalty of perjury under the laws of the State of California that the foregoing
13 is true and correct.
14 DATED: ______________
15
_______________________________________
16 NAME OF PERSON SERVING PAPERS
17
18
19
20
21
22
23
24
25
26
27
28
- 3 -
OFFER TO COMPROMISE

5. 1 PROOF OF SERVICE
2 I am over the age of 18 and not a party to this action.
3
I am a resident of or employed in the county where the mailing occurred; my
4 business/residence address is: ADDRESS OF PERSON SERVING PAPERS.
5 On ____________________ I served the foregoing document(s) described as: OFFER TO
6
COMPROMISE PURSUANT TO CODE OF CIVIL PROCEDURE § 998 TO PLAINTIFF
________________________to the following parties:
7
8 NAME AND ADDRESS OF ATTORNEY FOR OTHER PARTY OR OTHER PARTY
9
[X] (By U.S. Mail) I deposited such envelope in the mail at _________, California with
10 postage thereon fully prepaid. I am aware that on motion of the party served,
service is presumed invalid if postal cancellation date or postage meter date is
11 more than one day after date of deposit for mailing in affidavit.
12
I declare under penalty of perjury under the laws of the State of California that the foregoing
13 is true and correct.
14 DATED: ______________
15
_______________________________________
16 NAME OF PERSON SERVING PAPERS
17
18
19
20
21
22
23
24
25
26
27
28
- 3 -
OFFER TO COMPROMISE

6. 1 PROOF OF SERVICE
2 I am over the age of 18 and not a party to this action.
3
I am a resident of or employed in the county where the mailing occurred; my
4 business/residence address is: ADDRESS OF PERSON SERVING PAPERS.
5 On ____________________ I served the foregoing document(s) described as: OFFER TO
6
COMPROMISE PURSUANT TO CODE OF CIVIL PROCEDURE § 998 TO PLAINTIFF
________________________to the following parties:
7
8 NAME AND ADDRESS OF ATTORNEY FOR OTHER PARTY OR OTHER PARTY
9
[X] (By U.S. Mail) I deposited such envelope in the mail at _________, California with
10 postage thereon fully prepaid. I am aware that on motion of the party served,
service is presumed invalid if postal cancellation date or postage meter date is
11 more than one day after date of deposit for mailing in affidavit.
12
I declare under penalty of perjury under the laws of the State of California that the foregoing
13 is true and correct.
14 DATED: ______________
15
_______________________________________
16 NAME OF PERSON SERVING PAPERS
17
18
19
20
21
22
23
24
25
26
27
28
- 3 -
OFFER TO COMPROMISE