Leung

Leung v. Verdugo Hills Hospital CA2/4

Good Law
Court of Appeal of CaliforniaSeptember 29, 2014B251366California3,938 words

Opinion

Opinion

Willhite, J.

INTRODUCTION

This appeal arises out of a medical malpractice action brought by plaintiff Aidan Leung, through his guardian ad litem, against, among others, Verdugo Hills Hospital (Hospital). This is the fourth time the case is before us. This appeal, taken from post-judgment orders rendered after the appeal on the merits had concluded, involves interpretation of our opinion in Leung v. Verdugo Hills Hospital (2008) 168 Cal.App.4th 205 (Leung I). Leung I is based on the following circumstances. After the jury returned a verdict in favor of plaintiff and against Hospital, the trial court entered a periodic payments judgment. Hospital appealed from the judgment. The trial court calculated the amount of Hospital’s appeal bond based upon the judgment’s lump sum present value. Hospital petitioned for a writ of supersedeas to reduce that amount. Hospital contended that the appeal bond should have been calculated only on the portion of the judgment that was due or would become due during the pendency of the appeal. In Leung I, we denied Hospital’s petition. We held that for purposes of calculating the appeal bond, the trial court properly used the lump sum present value of the judgment…

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