Leung v. Verdugo Hills Hospital (Sept. 29, 2014, B251366) 2014 WL 4807719 [nonpublished opinion]

The Court of Appeal affirmed post-judgment orders denying plaintiff $7.5 million in post-judgment interest over and above what the Hospital paid under the periodic payments judgment in this medical malpractice action when the 5½-year appeals process came to an end.

In Leung v. Verdugo Hills Hospital (2008) 168 Cal.App.4th 205, the Court of Appeal held that the appeal bond on a periodic payments judgment should be calculated using the lump sum present value of the full judgment. In this appeal, plaintiff contended that the court’s 2008 ruling applied to the accrual of post-judgment interest for the duration of the appeal and that the judgment did not become a periodic payments judgment until the merits judgment became final. The Court of Appeal held, however, that post-judgment interest during the pendency of the appeal should only be calculated on amounts that became due while the appeal was pending and “the trial court properly held that plaintiff was not entitled to additional post-judgment interest.

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