Saba v. Crater

In Saba v. Crater (1998) 62 Cal.App.4th 150, the plaintiff moved for entry of judgment under section 998, based on his written acceptance of an oral offer stated on the record during a deposition. (Id. at p. 152.) The parties disagreed about whether the offer included attorney fees. (Ibid.) The trial court considered evidence pertaining to the parties' intent, found the offer did not include attorney fees, and ordered judgment in favor of the plaintiff in the amount of the offer, plus approximately $ 16,800 in attorney fees and costs. (Ibid.) On appeal, as discussed above, this court held "the statement placed orally on the record does not satisfy the requirement that a section 998 demand be in writing." (Id. at p. 153.) The Court addressed whether an offer under section 998 needed to be in writing and concluded it did. In Saba, we also noted, "This is another reason a formal written offer and acceptance are required ...." (Saba, at p. 153.)