From Casetext: Smarter Legal Research

Bedrosian v. Tenet Healthcare Corporation

Court of Appeals of California, Second Appellate District, Division Two.
Nov 25, 2003
B166742 (Cal. Ct. App. Nov. 25, 2003)

Opinion

B166742.

11-25-2003

JOHN C. BEDROSIAN, Plaintiff and Appellant, v. TENET HEALTHCARE CORPORATION, Defendant and Appellant.


ORDER MODIFYING OPINION AND DENYING REHEARING

[CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on October 28, 2003, be modified as follows:

1. On page 16, delete the first two full paragraphs and insert the following two paragraphs in their place:

Finally, Judge Segals judgment modifying the prior judgment provided for interest on the LTIP and SIP damage awards, with interest accruing at the legal rate from the date of the interlocutory judgment (April 28, 1995) to the date of Judge Segals judgment (March 28, 2003), and the entire damage award including prejudgment interest bearing interest at the legal rate until paid. (See Civ. Code, § 3287, subd. (b).) But the purpose of assessing stock value using the highest market price per share and the purpose of awarding prejudgment interest both entail, in large part, the same goal of compensating the plaintiff for loss of use of the assets. Therefore, we deem it appropriate to change the date from which prejudgment interest starts to accrue to the date of the highest market price of the stock, October 3, 2002.

As the amount of the judgment is modified and the date from which prejudgment interest is calculated is different, the amount of prejudgment interest must be modified. Prejudgment interest on the modified judgment amount of $141,115,125 from October 3, 2002, is an additional $6,804,455.68.

2. On page 23, line 1, change the first date and the amount so that the line now reads: rate of interest from October 3, 2002, to March 28, 2003, totaling $6,804,455.68; and (5).

This modification changes the judgment.

Tenets petition for rehearing is denied.


Summaries of

Bedrosian v. Tenet Healthcare Corporation

Court of Appeals of California, Second Appellate District, Division Two.
Nov 25, 2003
B166742 (Cal. Ct. App. Nov. 25, 2003)
Case details for

Bedrosian v. Tenet Healthcare Corporation

Case Details

Full title:JOHN C. BEDROSIAN, Plaintiff and Appellant, v. TENET HEALTHCARE…

Court:Court of Appeals of California, Second Appellate District, Division Two.

Date published: Nov 25, 2003

Citations

B166742 (Cal. Ct. App. Nov. 25, 2003)