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The CIV 090 form is a vital document for anyone involved in civil litigation in California, specifically when negotiating settlements between a single plaintiff and a single defendant. This form serves as a formal offer to compromise and accept a settlement under Section 998 of the Code of Civil Procedure. It streamlines the process of reaching a monetary judgment, ensuring clarity and legal compliance for both parties involved. Key components of the form include spaces for the names and contact details of the attorney or party without an attorney, as well as the relevant court information. This document captures the essential offer of a judgment, where the plaintiff outlines the proposed judgment amount and the costs involved, including any attorney's fees. The defendant must then accept this offer for the agreement to hold validity in court. Importantly, the court will only file the acceptance if it is presented with a prepared judgment, highlighting the procedural nuances that must be navigated in civil proceedings. Understanding the CIV 090 form is crucial for effective legal strategy and successful outcomes in civil cases.

Civ 090 Example

CIV-090

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

FOR COURT USE ONLY

TELEPHONE NO.:

FAX NO. (Optional):

E-MAIL ADDRESS (Optional):

 

ATTORNEY FOR (Name):

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PLAINTIFF:

DEFENDANT:

CASE NUMBER:

OFFER TO COMPROMISE AND

ACCEPTANCE UNDER CODE OF CIVIL PROCEDURE SECTION 998

Note: This form is designed to be used only in civil actions involving a single plaintiff and a single defendant, where the offer and acceptance involves a money judgment. The court will file this offer to compromise and the acceptance only if accompanied by a judgment prepared for the court's signature and entry of judgment.

 

OFFER TO COMPROMISE

1. Plaintiff (name):

offers to have judgment entered under Code

of Civil Procedure section 998 in favor of the plaintiff and against (name of the defendant):

2.The judgment is to be (check and complete a or b)

a.

 

 

in the amount of $

(1)

 

 

Each party shall bear its own costs and fees.

 

 

b.

Date:

(2)

 

Including costs under Code of Civil Procedure section 1032 and attorney's fees.

 

(3)

 

Plus costs under Code of Civil Procedure section 1032.

 

 

 

(4)

 

Plus costs under Code of Civil Procedure section 1032 and attorney's fees in the amount of $

.

 

(5)

 

Plus costs under Code of Civil Procedure section 1032 and attorney's fees allowed by law as determined by the

 

court.

as follows (describe the terms and conditions of the judgment):

Continued in attachment 2b.

(NAME OF PARTY OR ATTORNEY FOR PARTY MAKING OFFER)(SIGNATURE OF PARTY OR ATTORNEY FOR PARTY MAKING OFFER)

ACCEPTANCE OF OFFER

 

3. Defendant (name):

 

hereby accepts the offer for the

 

judgment stated in items 1 and 2 above.

 

 

 

Date:

 

 

 

 

 

 

 

(NAME OF PARTY OR ATTORNEY FOR PARTY ACCEPTING OFFER)

 

(SIGNATURE OF PARTY OR ATTORNEY FOR PARTY ACCEPTING OFFER)

 

 

 

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Form Approved for Optional Use

Judicial Council of California

CIV-090 [New January 1, 2008]

OFFER TO COMPROMISE AND ACCEPTANCE

UNDER CODE OF CIVIL PROCEDURE SECTION 998

Code of Civil Procedure, § 998

www.courtinfo.ca.gov

Form Characteristics

Fact Name Details
Form Purpose This form facilitates a formal offer to settle a civil case for monetary judgment under Code of Civil Procedure Section 998.
Applicable Law Governed by California's Code of Civil Procedure, particularly Section 998.
Single Plaintiff and Defendant The form is designed for cases involving one plaintiff and one defendant only.
Required Judgments The court will accept the form for filing only if accompanied by a judgment for the court’s signature.
Cost Responsibilities Parties may choose to bear their own costs and fees, or include them in the judgment amount.
Signature Requirement Both the party making the offer and the party accepting the offer must provide their signatures on the form.
Additional Conditions Terms and conditions for the judgment must be clearly described in the form or attached if necessary.
Email & Fax Options Email and fax contact information are optional fields that can be provided on the form.
Judicial Council Approval This form is sanctioned for optional use by the Judicial Council of California since January 1, 2008.

Guidelines on Utilizing Civ 090

Filling out the Civ 090 form is an important step in formalizing your offer to compromise and acceptance in a civil action. By completing this document accurately, both parties can move forward in the legal process. Here are the detailed steps to follow when filling out the Civ 090 form:

  1. Begin by entering your name, State Bar number, and address at the top of the form under "ATTORNEY OR PARTY WITHOUT ATTORNEY."
  2. Provide your telephone number. If you have a fax number or email address, you can include those as well, though they are optional.
  3. Specify the name of the attorney for the plaintiff, if applicable.
  4. Fill in the name of the Superior Court of California and the relevant county.
  5. Enter the street address and the mailing address for the court. Include the city and ZIP code.
  6. Identify the branch name of the court, if necessary.
  7. Clearly state the names of the plaintiff and the defendant in the designated spaces.
  8. Include the case number, which is essential for identification.
  9. In the "OFFER TO COMPROMISE" section:
    • For item 1, write the name of the plaintiff offering the judgment.
    • In item 2, decide whether to check option a or b. If option a is chosen, enter the amount of the judgment. If option b is chosen, provide additional details regarding costs and attorney’s fees.
    • Be sure to describe the terms and conditions of the judgment if necessary, indicating that more information can be found in the attachment if applicable.
  10. After completing the offer section, write the name of the party or attorney making the offer, sign it, and include the date.
  11. In the "ACCEPTANCE OF OFFER" section:
    • Enter the name of the defendant accepting the offer.
    • Include the date of acceptance and the name of the party or attorney accepting the offer.
    • Sign the acceptance line to finalize the agreement.

Once completed, ensure that all information is legible and accurate, as this form will play a critical role in your case. Take a moment to review everything before submitting it to the court as required.

What You Should Know About This Form

What is the purpose of the Civ 090 form?

The Civ 090 form serves as a legal tool for parties in a civil lawsuit to make and accept offers to compromise a case under California’s Code of Civil Procedure Section 998. It allows a plaintiff to propose a settlement to the defendant, and if accepted, facilitates the entry of judgment without the need for a trial.

Who should use the Civ 090 form?

This form is designed for civil actions that involve a single plaintiff and a single defendant. It is specifically applicable when the parties are looking to resolve the action through a money judgment rather than pursuing lengthy litigation.

What information is required on the Civ 090 form?

The form requires details such as the names and contact information of the parties involved, the case number, and specifics regarding the offer to compromise. This includes the amount being offered, any applicable costs, and conditions surrounding the judgment.

Can I use the Civ 090 form for multiple defendants or plaintiffs?

No, the Civ 090 form is only suitable for cases involving a single plaintiff and a single defendant. If your case has multiple parties, you will need to explore other options for settlement or compromise.

What happens after the Civ 090 form is completed?

Once the offer has been accepted and the appropriate details are filled out, the Civ 090 form, along with a prepared judgment, must be filed with the court. The court will only enter the judgment if all required documents are presented together.

Do both parties have to agree to the terms outlined in the Civ 090 form?

Yes, for the judgment to be entered, both parties must agree to the terms specified in the form. The plaintiff must first make the offer, and the defendant must formally accept it for the agreement to be valid.

Are there any costs associated with filing the Civ 090 form?

Filing fees may apply, depending on the court's rules and regulations. It is advisable to check with the specific court where the case is filed for details regarding any associated costs.

Is legal representation necessary to use the Civ 090 form?

While it is not mandatory to have an attorney to use the Civ 090 form, seeking legal advice can be beneficial. An attorney can help ensure that the terms are favorable and that all legal procedures are correctly followed.

Common mistakes

Filling out the CIV-090 form can seem simple at first, but many individuals make common mistakes that can lead to delays or complications in their legal proceedings. One frequent error involves providing incomplete information. This form requires specific details, including names, addresses, and case numbers. Omitting any of this information can result in the court rejecting or delaying the processing of your submission.

Another mistake people often make is failing to check the appropriate boxes in the offer section. The form includes options for different types of judgments, and correctly indicating whether it's for costs, attorney's fees, or a specific dollar amount is crucial. Without this clarity, your intentions might be misinterpreted, leading to confusion during the legal process.

Additionally, individuals sometimes overlook the requirement for signatures. Both parties involved—the plaintiff and the defendant—must sign the form to validate the offer and acceptance. If either signature is missing, the court will not file the document as intended. The importance of reviewing the entire form before submission cannot be overstated.

Failing to attach necessary documents is another common pitfall. The CIV-090 form specifies that it must be accompanied by a judgment prepared for the court’s signature and entry of judgment. Without this document, the offer to compromise will not be accepted. Always ensure that all supporting documents are included with your submission.

Lastly, some individuals may not fully understand the implications of the offer they're making. It's essential to carefully consider the terms outlined in the offer, as accepting a compromised offer can have long-term effects on future claims or actions. Consulting a legal advisor before finalizing the form can help clarify any uncertainties and ensure that the offer aligns with your goals.

Documents used along the form

When dealing with the Civ 090 form, which is used for an offer to compromise in civil cases, there are several other forms and documents that may be utilized in conjunction with it. Each of these forms serves to facilitate the legal process and ensure that all parties are adequately represented and informed. Below are five commonly used documents alongside the Civ 090.

  • Judgment Form: This document outlines the exact terms of the judgment to be entered by the court. It needs to accompany the Civ 090 form to validate the offer and acceptance. The judgment form specifies the amounts awarded and any applicable costs or fees.
  • Proof of Service: This form demonstrates that the offer and acceptance have been properly served to all parties involved. It is essential for establishing that everyone received the documentation in a timely manner, which is a crucial part of the legal process.
  • Notice of Settlement: This document informs the court that the parties have reached a settlement. It helps keep the court updated on the status of the case and may be necessary if a hearing was previously scheduled.
  • Request for Dismissal: Once the settlement has been reached and the judgment is filed, this form can be used to formally dismiss the case. This document is important to conclude the legal proceedings and prevent any future claims related to the same matter.
  • Stipulation for Compromise: This document explicitly outlines the agreement between parties on the terms of the compromise. It can offer additional detail beyond what is provided in the Judgment Form and ensures that all parties agree to the specifics of the settlement.

Each of these forms plays a vital role in the efficient resolution of civil cases, ensuring all legal requirements are met. By understanding the purpose of each document, parties can navigate the legal system more effectively and achieve a successful compromise.

Similar forms

  • CIV-130: Notice of Settlement - This document informs the court and other parties that a settlement has been reached. Like the CIV-090, it reflects a resolution between the plaintiff and defendant without further litigation.

  • CIV-140: Request for Dismissal - A request to dismiss a case, indicating that an agreement has been reached. This document signals that both parties have satisfied the conditions set forth in the CIV-090.

  • CIV-100: Case Management Statement - This form is similar in that it provides essential information about the case's status and progress. Both documents aim to facilitate resolutions and streamline court procedures.

  • Proof of Service Documents - Proof of service records show that notification of offers or settlements has been provided to all parties involved, much like the offer and acceptance process in the CIV-090.

  • CIV-150: Stipulation for Settlement - This document outlines terms agreed upon by the parties involved. Both the stipulation and the CIV-090 serve to finalize agreements and can be submitted for court consideration.

  • CIV-020: Statement of Damages - This form provides a detailed account of the damages claimed by the plaintiff. It correlates with the CIV-090 by articulating the compensation sought, which can lead to offers and compromises in a legal dispute.

Dos and Don'ts

When completing the Civ 090 form, certain practices can help ensure your submission is clear and effective. Here is a list of dos and don’ts:

  • Do provide accurate information in all sections of the form.
  • Do sign the form where indicated; your signature is a crucial part of the process.
  • Do include your contact information, such as phone number and email, to facilitate communication.
  • Do check the dates for accuracy; incorrect dates can delay processing.
  • Do keep a copy of the completed form for your records.
  • Don’t leave any sections blank; incomplete information can lead to rejection.
  • Don’t use jargon or vague language; clarity is essential.
  • Don’t forget to indicate any attorney fees; this can impact the acceptance of your offer.
  • Don’t disregard the specific guidelines set by your court; they may have specific filing requirements.
  • Don’t submit the form without confirming all details are correct; errors can be costly.

Misconceptions

Misconceptions about the Civ 090 form can create confusion for both plaintiffs and defendants. Here are six common misunderstandings clarified:

  • This form can be used in any civil case. In reality, the Civ 090 form is specific to civil actions involving a single plaintiff and a single defendant where a money judgment is involved.
  • Filing the Civ 090 form alone is enough to finalize a judgment. This is not true. The form must be accompanied by a judgment prepared for the court's signature for it to be processed.
  • Defendants can ignore the form if they do not agree with the offer. Ignoring the Civ 090 form can have serious consequences. It is important for defendants to respond to avoid default judgments or other legal ramifications.
  • The Civ 090 form automatically resolves the case. While it facilitates a compromise, additional steps may be required for a case to be officially closed in court.
  • All offers made in the Civ 090 are final and cannot be negotiated. Offers can be negotiated before acceptance. Once the defendant accepts the offer, it becomes binding.
  • The costs and fees listed in the form are fixed and cannot change. This is misleading. The amounts can be negotiated or adjusted, especially those related to attorney’s fees and costs as determined by the court.

Understanding these aspects of the Civ 090 form can help manage expectations and navigate the legal process more effectively.

Key takeaways

When filling out the Civil Form CIV-090, it's essential to follow specific guidelines for it to be processed effectively.

  • Single Plaintiff and Defendant: This form is strictly for civil actions that involve one plaintiff and one defendant.
  • Monetary Judgments Only: Use this form solely for offers and acceptances that pertain to money judgments.
  • Accompanying Judgment Required: The court requires a prepared judgment for the offer and acceptance to be filed.
  • Fill Out Personal Information: Include accurate details like names, addresses, and contact information for all parties involved.
  • Clearly Define the Offer: Specify the exact amount of the judgment and outline any costs and fees included.
  • Signature Required: Both the party making the offer and the one accepting it must sign the form.
  • Timeliness Matters: Ensure submissions are made within the appropriate timeline to avoid complications.
  • Keep a Copy: Retain a copy of the completed form for your records after submission.
  • Consult Legal Guidance: It may be beneficial to consult a legal professional to ensure compliance with all necessary requirements.

Taking these points into consideration will help streamline the process and enhance the likelihood of a successful outcome in your civil matter.