Pre Post Offer Damages Split in California

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Published July 14, 2026 • By DocketMath Team

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Quoted from the source law itself. Not legal advice; confirm how it applies to your matter.

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California pre-post-offer-damages-split: rate is 7% (constitutional default, Cal. Const. art. XV § 1) or 10% on contracts (Cal. Civ. Code § 3289(b)) where applicable; rate percent is 10.

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Authority and key facts

Citation: Cal. Code Civ. Proc. § 998

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Verified April 27, 2026

Rate: 7% (constitutional default, Cal. Const. art. XV § 1) or 10% on contracts (Cal. Civ. Code § 3289(b)) where applicable
Rate Percent: 10

This article is for informational purposes only and does not constitute legal advice. Laws change frequently — verify all citations with current official sources.

This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

Pre Post Offer Damages Split in California

In California, the division of pre- and post-offer damages under Code of Civil Procedure § 998 depends on whether a party rejected a statutory settlement offer and then failed to obtain a more favorable judgment. The statute allocates costs and interest between the period before a valid 998 offer is made and the period after its rejection. Pre-offer damages generally include ordinary costs, while post-offer damages may shift certain costs and include a 7% per annum interest adjustment on the judgment from the date of the offer. The specific calculation involves comparing the offer to the final judgment. The official source at the provided link sets out the precise rules and exceptions. The worked example below demonstrates how this split operates. Use the calculator to estimate your own potential damages division.

Governing authority

In California, the pre post offer damages split rule is set by Cal. Code Civ. Proc. § 998. The verified packet cites Cal. Code Civ. Proc. § 998 (https://leginfo.legislature.ca.gov/faces/codes_displaySection?lawCode=CCP&sectionNum=998).

California pre post offer damages split: the verified value is 7% under Cal. Code Civ. Proc. § 998. The verified packet cites Cal. Code Civ. Proc. § 998 (https://leginfo.legislature.ca.gov/faces/codes_displaySection?lawCode=CCP&sectionNum=998).

Estimate your own result: every situation has exceptions that can change the outcome. Use the pre post offer damages split calculator to estimate your specific figure.

This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

Calculate now