Silver Sage Partners, Ltd. v. City of Desert Hot Springs

MEMORANDUM *

Silver Sage Partners, Ltd. (“Silver Sage”) appeals the district court’s denial of prejudgment interest on a $3,049,439 damage award against the City of Desert Hot Springs (“the City”). Silver Sage also requests that the case be reassigned to a different judge upon remand. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Silver Sage next appeals the stay of enforcement of the judgment against Public Entity Risk Management Authority (“PERMA”), the entity that acts as the City’s insurer. PERMA cross-appeals, arguing that it should not have been required to post the entire judgment amount in an interest-bearing escrow account pending appeal. We have jurisdiction pursuant to 28 U.S.C. § 1292 . Because the issues are moot, in light of a related holding, we remand.

The parties are familiar with the facts, and we will not recite them here.

I. Prejudgment Interest

The district court did not violate the law of the case doctrine when it denied prejudgment interest. In the 2001 Silver Sage appeal, 1 the Ninth Circuit did not consider the issue of prejudgment interest. On November 6, 2002, the Ninth Circuit amended its Silver Sage 2001 mandate specifically…