1   Any Attorney or Defendant
     Any Street
 2   Any Town, CA 99999

 3   555-555-5555

 4   Any Attorney or Defendant

 5

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 8                                 Superior Court of the State of California

 9                                    For the County of _____________

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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:
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                                                  - 1 -
                                           OFFER TO COMPROMISE
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

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                                                   By:    ____________________________________
11
                                                   Attorney for Defendant______________________
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14   Plaintiff ______________________________, accepts the above offer on the terms stated.
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     DATED: ___________________                    LAW OFFICE OF ANY ATTORNEY
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                                                   By:    ____________________________________
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                                                   Attorney for Plaintiff ________________________
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                                                    - 2 -
                                             OFFER TO COMPROMISE
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

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                                                    - 3 -
                                             OFFER TO COMPROMISE
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

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                                                    - 3 -
                                             OFFER TO COMPROMISE
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

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                                                    - 3 -
                                             OFFER TO COMPROMISE
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

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                                                    - 3 -
                                             OFFER TO COMPROMISE

Sample California offer to compromise

  • 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