Whelan

The estate of Richard Pick appeals the judgment and related orders permitting James Whelan to enforce an undertaking on appeal, contending the trial court erred by denying the estate’s motion to vacate that part of the underlying judgment awarding punitive damages against Pick. We affirm.

After jury trial, Whelan obtained a judgment against Richard Pick, Pick Systems, Tiger Ventures, and others, including punitive damages of $155,000 against Tiger Ventures and, after he consented to a reduction, $350,000 against Pick Systems and $250,000 against Pick. These defendants appealed, filed a bond, and posted a cash deposit totaling over $2 million.

In an unpublished opinion, we affirmed the judgment, including the award of punitive damages. (Whelan v. Rallo (Apr. 26, 1993) G011185 [nonpub. opn.].) The Supreme Court granted review, and eventually transferred the cause to us for reconsideration under a new Supreme Court case. We ultimately affirmed the judgment, but in the interim, Pick died. (Whelan v. Rallo (May 31, 1995) G011185 [nonpub. opn.].)

Whelan brought motions under sections 995.760 and 996.440 to enforce liability for the judgment against the deposit and the bond.…