Simone

STATEMENT OF FACTS

In April 2015, Jameson’s car struck Simone while Simone was riding his bicycle, causing severe injury. Jameson was insured by State Farm

2 Mutual Auto Insurance Company (State Farm) with a single person liability limit of $25,000. In January 2016, Simone filed the Personal Injury Action in the Orange County Superior Court. On March 28, 2017, Simone submitted a settlement offer, pursuant to Code of Civil Procedure section 998, which was rejected by Jameson.1 When Jameson passed away during the pendency of the trial, the Estate was substituted as defendant. In August 2018, the jury returned a verdict in Simone’s favor for $10,942,481.07. The trial court entered a judgment in Simone’s favor for $10,942,481.07 plus “costs and interest in [an] amount to be determined at future hearing/s.” The memorandum of costs Simone filed included, in item 16, “other” costs in the amount of $1,600,899.96, pursuant to Civil Code section 3291, which provides for interest on the judgment in the amount of 10 percent per annum calculated from March 28, 2017, the date Simone’s section 998 settlement offer was rejected. The Estate did not challenge Simone’s claim for prejudgment…