Form CIV-090 at a glance
What it is: Form CIV-090 is the Offer to Compromise and Acceptance under Code of Civil Procedure Section 998.
Who signs: Enter the name of party or attorney for party making offer, and sign on the signature line. Enter the name of party or attorney for party accepting offer, and sign the signature of party or attorney for party accepting offer.
A filled-in Form CIV-090 example: a plaintiff offers a money judgment plus costs
How to fill out Form CIV-090, box by box
Attorney or party without attorney
Under ATTORNEY OR PARTY WITHOUT ATTORNEY, enter your Name, State Bar number, address and TELEPHONE NO.; FAX NO. and E-MAIL ADDRESS are optional.
Under ATTORNEY FOR (Name), enter the name.
Superior Court of California, county of
Under Superior Court of California, County of, enter the county, then the street address, mailing address, city and zip code and branch name.
Plaintiff, defendant and case number
Enter the PLAINTIFF and the DEFENDANT.
Enter the CASE NUMBER.
Plaintiff (name) offers judgment against the defendant
Under OFFER TO COMPROMISE, enter the Plaintiff (name), who offers to have judgment entered under Code of Civil Procedure section 998 in favor of the plaintiff and against the defendant, and enter the name of the defendant.
The judgment is to be: the amount, costs and fees
Check and complete a or b.
In a, enter the amount of $ for the judgment.
Check (1) for: Each party shall bear its own costs and fees.
Check (2) for: Including costs under Code of Civil Procedure section 1032 and attorney's fees.
Check (3) for: Plus costs under Code of Civil Procedure section 1032.
Check (4) for: Plus costs under Code of Civil Procedure section 1032 and attorney's fees in the amount of $ .
Check (5) for: Plus costs under Code of Civil Procedure section 1032 and attorney's fees allowed by law as determined by the court.
The judgment is to be: the terms and conditions
In b, describe the terms and conditions of the judgment as follows; the form also prints the check box Continued in attachment 2b.
Date and signature of the party making the offer
Enter the Date.
Enter the name of party or attorney for party making offer, and sign on the signature line.
Acceptance of offer
Under ACCEPTANCE OF OFFER, in 3, enter the Defendant (name), who hereby accepts the offer for the judgment stated in items 1 and 2.
Enter the Date.
Common questions about Form CIV-090
When is this form not the right one?
Use this form 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.
Sources
[1] Form CIV-090, Offer to Compromise and Acceptance Under Code of Civil Procedure Section 998, Judicial Council of California (the Official source link on this page).
