Opinion

Estate of Kevin Brown v. City of San Diego

Court
District Court, S.D. California
Filed
May 12, 2025
Cited by
0 cases
Authority
More cited than 35.3%

The opinion

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8 UNITED STATES DISTRICT COURT

9 SOUTHERN DISTRICT OF CALIFORNIA

10 ESTATE OF KEVIN BROWN by its ) Case No. 15-cv-1583-DMS-WVG

successor in interest Rebecca Brown, and )

11 Rebecca Brown, an individual, ) ORDER RELEASING CITY OF

) SAN DIEGO’S SUPERSEDEAS

12 Plaintiff, ) BOND AND/OR COLLATERAL

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13 v. )

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14 MICHAEL LAMBERT and MAURA )

MEKENAS-PARGA, )

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Defendants. )

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)

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18 This case comes before the Court on the parties’ Joint Motion to exonerate the

19 bond and release the deposit on file with the District Court.

20 On April 6, 2020, the City of San Diego posted cash collateral in the amount

21 of $62,500 as security for the punitive damages verdict against Defendant Lambert

22 pursuant to Federal Rule of Civil Procedure 62. The parties represent that this case

23 has been resolved after a jury trial and appeal.

24 The purpose of a supersedeas bond is to secure the appellees from a loss

25 resulting from a stay of execution. Pac. Reinsurance Mgmt. Corp. v. Ohio

26 Reinsurance Corp., 935 F.2d 1019, 1027 (9th Cir. 1991). “The posting of a bond

27 protects the prevailing [party] from the risk of a later uncollectible judgment and

859 F.2d 818, 819 (9th Cir. 1988). “Courts release supersedeas bonds when the

bond has served its purpose and no outstanding judgment remains.” Goss In’'l Corp.

v. Tokyo Kikai Seisakusho, Ltd., No. 00-CV-35-LRR, 2006 WL 4757279, at *3

(N.D. Iowa Aug. 9, 2006) (citations omitted). When a bond no longer serves its

5|| purpose of insuring payment of the award, it should be released. Rich v. BAC Home

6|| Loans Servicing LP, No. CV-11-00511-PHX-DLR, 2017 WL 1197005, at *1 (D.

7\| Ariz. Mar. 30, 2017).

8 GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the Clerk

9|| release the amount of $62,500.00, plus interest, from the interest-bearing account in

the above-entitled case to:

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14 IT IS FURTHER ORDERED that the Clerk is authorized to deduct a fee for

the handling of all funds deposited with the court and held in interest bearing

16|| accounts or instruments. The fee must be equal to that authorized by the Judicial

17|| Conference of the United States and set by the Director of the Administrative Office

of the United States Courts.

19 IT IS SO ORDERED. 2» < |

20 Dated: May 12, 2025 Pon Yn -

1 Hon. Dana M. Sabraw

United States District Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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