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CIV-090 Guidance: Offer to Compromise (California)

Use the CIV-090 Offer to Compromise and Acceptance form to formally propose a compromise in a civil case involving a monetary judgment between a single plaintiff and a single defendant under California's Code of Civil Procedure Section 998. Jump to guide on filling it out.

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The information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.

Reviewed By

Jenna Zebrowski, JD, MBA
Attorney
Jenna Zebrowski is a JD/MBA graduate from Texas Tech University School of Law. After working in Mexico City for 3 years, she returned to the US and spent over a decade working in-house for large and small companies, including franchises, in a real estate leasing capacity, as well as in the mortgage and title industries. In private practice since 2019, Jenna is passionate about advocacy and protection for her clients’ rights, working collaboratively towards problem prevention, and solution, when necessary.

Tips for filling out form CIV-090

When completing form CIV-090, pay special attention to these less obvious sections:

2a(4)

Attorney Fees Amount

If you are including attorney's fees as part of the judgment and you know the specific amount, indicate it here. Be careful to enter an amount that reflects any prior agreements or court determinations. Misstating fees could lead to challenges or rejection of the offer.
2a(5)

Court-Determined Fees

This option allows you to request attorney's fees as determined by the court. Choose this if there's uncertainty about the fee amount or if it depends on future developments. It might result in additional court involvement to settle the correct fees.
Item 2b

Judgment Terms

When specifying the terms and conditions of the judgment in the 'as follows' section, be clear and precise. Consider consulting with your attorney to ensure that all aspects of the settlement are captured accurately. Vague language can lead to misunderstandings or disputes later on. If the space provided is insufficient, you can attach an additional sheet.

What to do after filing form CIV-090

1
Wait for the court to process and file the completed CIV-090 form, along with the prepared judgment for the court's signature.
2
Monitor communications from the defendant or their legal representative to see if they respond with an acceptance or counter-offer within the statutory period.
3
If the defendant accepts the offer, ensure that the signed acceptance portion of the form is filed with the court, so the judgment can be entered and finalized.
4
If there is no response from the defendant, prepare to proceed with the case under standard litigation procedures, as the offer to compromise will no longer be valid after the time frame specified has lapsed.
5
Consult with your legal counsel to discuss the next strategic steps, especially if a counter-offer is made by the defendant, to determine whether to negotiate further or proceed to trial.
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