A § 998 offer must be sufficiently certain, specific, or definite in its terms and conditions. An offer is sufficiently certain only if:
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Cost shifting under section 998 is not limited to cases resolved by trial or arbitration.
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Yes, under FRCP Rule 26(e) Duty to Supplement: Discovery, if a party acquires material additional information or learns that information was materially incorrect after serving discovery responses, the responding party has a duty to supplement or amend their response in a timely manner.
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An employee’s disclosure of an email to the claimant did not waive attorney-client privilege under Evid. Code, §§ 912, subd. (a), 953, because the employee lacked authority to waive it, and the agency did not fail to use reasonable means to preserve confidentiality.
Robert W. Sweetin of Matheny Sears Linkert & Jaime recently obtained a defense verdict following a three-week trial in San Francisco.