North Oakland Medical Clinic v. Rogers

Introduction

Plaintiffs North Oakland Medical Clinic and Bruce E. Thompson, M.D., appeal from an order after judgment denying plaintiffs prejudgment interest on a damage award following a jury trial. The trial court set aside its previous order awarding plaintiffs $39,025.43 prejudgment interest and denied plaintiffs interest on the grounds that plaintiffs had failed to move for an award of prejudgment interest in the trial court. Plaintiffs contend the trial court erred in denying them interest, arguing that no particular procedure is required to request interest and that they in fact requested an award of prejudgment interest in their complaint and following judgment when they presented the court the order awarding interest.

Statement of the Case/Facts

Defendants and respondents, Attorney James M. Rogers and the Law Offices of James M. Rogers (collectively Rogers), orally contracted with plaintiffs for plaintiffs to provide medical care and services to some of Rogers’s personal injury clients. Rogers agreed to pay the cost of such medical services, at plaintiffs’ standard rates, as billed, regardless of the amount of money recovered by those clients/patients on their…