Section 998: Failure to Provide Acceptance Line In 998 Offer, Even Though Offer Was Accepted Through Handwritten Acceptance, Invalidated The 998 Offer And Resulting Judgment

First Impression Case Paid Heed To The Statutory Language Mandating An Acceptance Line.

             In facing a first impression issue, the 2/4 DCA in Mostafavi Law Group, APC v. Larry Rabineau, APC, Case No B302344 (2d Dist., Div. 4 Mar. 3, 2021) (published) decided that a section 998 offer lacking an acceptance line, although accepted through a handwritten insertion by plaintiff, was invalid, also voiding the subsequent judgment entered based on the invalid offer.

            The appellate panel reasoned that this result was a logical extension of cases upholding a litigant’s rejection of a 998 offer where an acceptance line was missing, providing a “bright-line rule” based on 998’s statutory language and consonant interpretive case law.  It found no reason to apply contractual or equitable principles which led to a result in derogation of the statutory mandate.