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Yes! You can use AI to fill out Form CIV-090, Offer to Compromise and Acceptance Under Code of Civil Procedure Section 998

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Form CIV-090, Offer to Compromise and Acceptance Under Code of Civil Procedure Section 998, page 1
Basic · 35/100Form Complexity Index

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Form CIV-090, Offer to Compromise and Acceptance, is a crucial legal document used in California civil litigation under Code of Civil Procedure section 998. It allows one party to make a formal settlement offer to the other, which, if not accepted, can have significant consequences regarding the recovery of court costs and fees after trial. This form formalizes the offer and acceptance process to potentially resolve a lawsuit before it goes to a full trial. Today, this form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.
Fillable fields36
Pages1
Form Complexity IndexBasic, 35/100

The AI checks your answers before you download

14 checks built for this form, so a wrong date or a missing answer is caught before anyone else sees it.

Case Number Presence and Format

Validates that the 'CASE NUMBER' field is not empty. This number is essential for the court to identify and file the document in the correct legal proceeding. If the case number is missing, the form cannot be correctly associated with its case file, leading to rejection by the court clerk.

Party Name Consistency Across Sections

Ensures the 'PLAINTIFF' and 'DEFENDANT' names in the top caption section match the names entered in Section 1 ('Offer to Compromise'). This is critical for legal validity, as it confirms the offer is being made by and to the correct parties of record. A mismatch could invalidate the offer or create legal ambiguity.

Mutually Exclusive Offer Terms (2a vs. 2b)

Verifies that only one of the main offer term options, either '2a' (specific monetary amount) or '2b' (described terms), is selected. An offer must be clear and unambiguous; selecting both options would create a conflicting and unenforceable offer. The system should flag an error if both checkboxes are ticked.

Exclusive Selection of Cost/Fee Option (Section 2a)

Confirms that if option '2a' is chosen, only one of the sub-options (1 through 5) is selected to define how costs and fees are handled. Multiple selections would make the total value of the offer uncertain. This validation ensures the financial terms of the compromise are explicitly and singularly defined.

Conditional Monetary Amount for Offer 2a

Checks that if checkbox '2a' is selected, the corresponding monetary amount field is filled with a valid numeric value. An offer for a monetary judgment is incomplete and invalid without a specified amount. This prevents the submission of a vague offer that cannot be acted upon.

Conditional Attorney's Fees Amount for Offer 2a(4)

Validates that if sub-option '2a(4)' is checked, the specific dollar amount for attorney's fees is entered. The option explicitly requires a stated amount, and leaving it blank would make the offer incomplete. This ensures all components of the financial offer are quantified as required.

And 8 more checks
  • Conditional Description for Offer 2b
  • Logical Offer and Acceptance Dates
  • Offer Section Completeness
  • Acceptance Section Completeness
  • Single Plaintiff and Defendant Constraint
  • Court County Identification
  • Attorney or Party Contact Information
  • Monetary Field Format Validation

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How to Fill Out CIV-090 Online for Free in 2026

What the AI walks you through.

  1. Navigate to Instafill.ai and upload or select the CIV-090 form.
  2. Provide the essential case information, including the court name, county, case number, and the names of the plaintiff and defendant.
  3. Clearly identify the party making the offer (the offeror) and the party receiving the offer (the offeree).
  4. Specify the exact terms of the compromise, including the monetary amount and any conditions related to court costs and attorney's fees by checking the appropriate boxes.
  5. If accepting a previously made offer, complete the 'Acceptance of Offer' section with the defendant's name and signature.
  6. Review all the information populated by the AI for accuracy, then have the appropriate party or their attorney sign and date the form.
  7. File the completed and signed form with the court, along with a proposed judgment for the judge's signature as required.

Common Mistakes in Completing CIV-090

The ones the AI is built to catch.

Incorrect Case Number or Party Names
Users often mistype the case number or use abbreviated or slightly different party names than what is listed on the official complaint. This can lead to the document being misfiled by the court clerk or rejected outright. An incorrect name can also create legal ambiguity about who the offer is from or to, potentially invalidating the offer. Always double-check this information against the filed Summons and Complaint to ensure it is identical.
Ambiguous or Contradictory Selection of Offer Terms
A frequent error is in Section 2a, where users check multiple, conflicting boxes regarding costs and fees. For example, checking both box (1) 'Each party shall bear its own costs' and box (3) 'Plus costs under Code of Civil Procedure section 1032' makes the offer fatally ambiguous and unenforceable. An offer must be a single, clear proposition, so only one sub-option in section 2a should ever be selected.
Incomplete Attorney or Party Information
The header section for attorney or party information is often left partially blank, missing a State Bar number, address, or phone number. This can cause the court clerk to reject the filing or create difficulties for the opposing party to serve a response. To avoid this, ensure every line item is completed accurately. AI-powered form-filling tools like Instafill.ai can prevent this by saving contact information and auto-populating it correctly on all legal forms.
Improper Use for Multi-Party Litigation
The form explicitly states it is designed for a single plaintiff and single defendant. A common mistake is using this form without modification in a case involving multiple plaintiffs or defendants. This creates ambiguity as to whom the offer is directed and who can accept it, which can lead a court to find the offer invalid under CCP § 998.
Prematurely Filing the Offer with the Court
A section 998 offer is a settlement proposal that should be served on the opposing party, not filed with the court. Filing the offer before it is accepted is a procedural error that improperly reveals settlement negotiations to the court. The offer and acceptance are only filed together after acceptance, along with a proposed judgment.
Forgetting to Submit a Proposed Judgment with the Acceptance
As noted on the form, when an offer is accepted, the parties must file the Offer and Acceptance (CIV-090) along with a separate judgment prepared for the court's signature. A very common mistake is to file only the CIV-090 form. This will result in the filing being rejected by the clerk, delaying the entry of judgment and the final resolution of the case.
Missing or Invalid Signatures and Dates
An offer or acceptance is invalid if it is not signed and dated by the party or their attorney of record. The date is legally significant as it starts the clock on the time limit for acceptance. Forgetting to sign, or having an unauthorized person (like a paralegal) sign, will nullify the document and its legal effect.
Vague Description of Terms in Section 2b
When an offer includes non-monetary terms or a more complex structure, parties sometimes use vague language in section 2b, such as 'a full and final settlement of all claims.' This is insufficient and can invalidate the offer. The terms must be specific, certain, and capable of valuation to be enforceable, and if they are complex, they should be clearly detailed in an attachment.
Leaving the Monetary Amount Blank
In Section 2a, a user might check the box indicating a monetary judgment but forget to fill in the actual dollar amount in the corresponding field. This oversight renders the offer meaningless and unenforceable, as there is no specific amount being offered. The amount must be clearly written as a specific numerical value to be a valid offer.
Manual Data Entry on a Non-Fillable PDF
Often, court forms are available only as flat, non-fillable PDFs, leading to manual, error-prone data entry, poor formatting, and legibility issues. This can result in rejections by court clerks who require clean, standardized documents. AI tools like Instafill.ai can convert any non-fillable PDF into an interactive, fillable form, allowing for clean data entry, validation, and preventing common formatting mistakes.

Frequently Asked Questions About CIV-090

 

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How does the AI fill out CIV-090?
You answer a few questions in plain words, or upload a document you already have. The AI reads what you give it and puts each answer into the right field of CIV-090, on every page, in seconds. It checks the answers against the form's own rules, and you review and change anything before you download, print or sign.
What happens to my information?
It is encrypted in transit and at rest, and it is never used to train AI.
How complex is CIV-090 to fill out?
CIV-090 has a Form Complexity Index of 35 out of 100, in the basic tier: 36 fillable fields across 1 page. Instafill.ai's AI fills it in under a minute, with every field there for you to review before you download.
What is the purpose of Form CIV-090, Offer to Compromise?
This form is used by a party in a civil lawsuit to make a formal settlement offer to the opposing party under California Code of Civil Procedure section 998. If the offer is accepted, it can be used to obtain a court judgment, potentially resolving the case.
Who needs to fill out this form?
The plaintiff (or their attorney) fills out the 'Offer to Compromise' section to make the offer. If the defendant decides to accept it, they (or their attorney) will then complete and sign the 'Acceptance of Offer' section.
Can I use this form in any lawsuit?
No, this specific form is designed for optional use in civil actions that involve only a single plaintiff and a single defendant, where the offer involves a money judgment. More complex cases may require a custom-drafted offer.
What do I do with the form after I fill out the offer?
You must serve the offer on the opposing party, but you do not file it with the court at this time. The form is only filed with the court if the offer is accepted by the other party.
What does it mean to choose between the options for costs and fees in Section 2a?
These options specify how court costs and attorney's fees are handled in the settlement. You must indicate if the offered amount includes all costs and fees, or if those will be added on top of the settlement amount.
What if my settlement agreement includes non-monetary terms?
If your settlement involves more than just a payment, such as an agreement to perform an action, you should check box 2b and describe those terms. You can attach a separate page if more space is needed.
What happens after the defendant accepts the offer?
Once the offer is accepted, the parties must prepare a formal judgment based on the agreement. The signed CIV-090 and the proposed judgment are then filed with the court to be entered as an official judgment, which finalizes the settlement.
The form mentions a 'judgment prepared for the court's signature.' What is that?
This is a separate legal document that formally states the terms of the judgment. When an offer is accepted, you must create this document and submit it with the signed CIV-090 form so the judge can sign it and make the settlement legally binding.
What happens if the other party ignores or rejects my offer?
If the offer is not accepted within the statutory time, it is considered withdrawn and the lawsuit continues. However, rejecting a section 998 offer can have significant financial consequences for the rejecting party if they later fail to achieve a better result at trial.
Can AI tools help me fill out this form?
Yes, services like Instafill.ai use AI to accurately auto-fill form fields, which saves time and helps avoid errors. This is particularly helpful for entering case details, party names, and attorney information.
How can I use Instafill.ai to complete Form CIV-090 online?
You can upload the CIV-090 PDF to the Instafill.ai platform. The service will automatically identify all the fillable fields, allowing you to type your information directly into the form online and then download the completed document.
The PDF version of this form I found is not fillable. What should I do?
You can use a service like Instafill.ai, which can convert flat, non-fillable PDFs into interactive forms. Simply upload your file, and the platform will make it possible for you to fill it out on your computer.
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