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so about 80% of Superior Court cases are resolved before trial in order to avoid litigation expenses or the risk of losing at trial settlements can be docHubed at any time of a dispute even before the complaint is filed and all the way to the start of trial settlements may even be docHubed after trial in order to avoid the time and expense of an appeal or to arrange a payment plan for the courts judgment the California 99 8 offer pursuant to California Code of Civil Procedure section 99 8 a statutory offer to settle the dispute may be made by any party up until 10 days prior to trial the statutory offered provides incentives to settle the dispute or be subject to penalties if the case proceeds to trial the statutory offer will remain open for 30 days is revocable and also is applicable to judgments for the defendant a counteroffer will not revoke the statutory offer if the plaintiff does not accept the defendants 998 offer and fails to obtain a more favorable judgment at trial or award
