What is the burden on a plaintiff to prove that a Defendant has made a reasonable and reasonable offer under section 998 of the California Civil Code?

California, United States of America


The following excerpt is from KALOGIROU. V. WAL-MART STORES INC.., E049193, No. RIC454862 (Cal. App. 2010):

burden is therefore properly on plaintiff, as offeree, to prove otherwise.'" (Santantonio v. Westinghouse Broadcasting Co. (1994) 25 Cal.App.4th 102, 116-117.) As in Santantonio, defendants in this case obtained a judgment more favorable than their section 998 offers. The burden is therefore on plaintiffs to prove that the offers were unreasonable. Finally, "'whether a section 998 offer was reasonable and made in good faith is a matter left to the sound discretion of the trial court.' [Citation.]" (Santantonio v. Westinghouse Broadcasting Co., supra, at p. 117.)

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