Lum

In this case the court is asked to decide whether a statutory offer to compromise made pursuant to Code of Civil Procedure section 998 may be withdrawn before the expiration of the time limits provided in the statute. We hold that the offer must be left open for the periods provided.

Petitioner, Karen A. Lum, sued Roy O. Kroeker for personal injuries. Pursuant to Code of Civil Procedure section 998, defendant Kroeker served petitioner Lum’s attorney with an offer to compromise the claim for $25,000. The offer was received by mail on October 25. Later on the same day, at a settlement conference, the offer was verbally withdrawn and the court orally approved the withdrawal. The withdrawal was confirmed by a letter sent by defendant Kroeker’s attorney. Lum’s attorney received this letter on November 1. Lum had filed a formal acceptance of the offer on October 28.

Lum thereafter moved to vacate the court’s order approving the withdrawal of the offer and for summary judgment. The court denied the motions. This petition for mandate followed.

Discussion

Code of Civil Procedure section 998 provides in pertinent part: “(b) Not less than 10 days prior to commencement of the…