Free Letter Brief - District Court of California - California

Case 3:07-cv-02952-WHA Document 201 Filed O7/O2/2008 Page 1 of 2
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Davis Wright rl-`remaine LLP
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GWHN FANGER SUITE 399 TEL (415) 276-6500
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July 2, 2008
V1A it-FiL1No Ann Mssssncnn
Honorable William H. Alsup
District Court Judge
Courtroom 9, 19th Floor
Phillip Burton Federal Building
450 Golden Gate Ave.
San Francisco, CA 94102
Re: Del Mar Seafoods, Inc. v. Barry Cohen, et ai.
Case No. C-07 -02952 (WHA), Federal District Court, Northern District of California
Your Honor,
Defendants subinit this letter brief to the Court regarding the issue of prejudgment interest on the
award of damages to Defendants for Plaintiff s wrongful arrest of the fishing vessel, the F/V
Point Loma in the above referenced ease. Defendants and Plaintiff have jointly submitted a
proposed Form of Judgment that does not include judgment for prejudgnient interest because this
issue, while raised with the Court in Defendants’ Post Trial Findings of Fact and Conclusions of
Law, was not addressed in the Court’s Findings of Fact and Conclusions of Law issued on June
I9, 2008 ("June 19 Findings").
Although the Court did not specifically address the issue of prejudgment interest in its June 19
Findings, Defendants respectfully request that the Court include in the Form of Judgment a
judgment for Defendants for prejudgment interest in the amount of$1,651.50, calculated at a rate
of 4.80% on the amount of damages awarded to Defendants for the wrongful arrest.;
Prejudgrnent interest may be granted in cases in admiralty unless "peculiar circumstances justify
its denial." Vance v. American Hawaii Cruises, Inc., 789 F.2d 790, 795 (9m Cir. 1986) (internal
citations omitted). Prejudgment interest is appropriate to "compensate the wronged party for
I Plaintiff and Defendants met and conferred, without resolution, as to bringing this issue to the Court’s attention in
the Proposed Form of Judgrnent. Defendants therefore submit this letter brief separately raising the issue with the
Court.
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Case 3:07-cv-02952-WHA Document 201 Filed O7/O2/2008 Page 2 of 2
Hon. William Alsup
nity 2, 2008 ·=‘··*‘
Page 2
being deprived of the monetary value ofthe loss from the time ofthe loss to the payment of
judgment" fd. Prejudginent interest on the award of damages for lost profits from the wrongful
arrest is appropriate in this case to the extent Defendants vvere deprived of the value of these
profits during the time of the arrest and throughout the litigation.
As to the rate of interest, Plaintiff conceded that 4.80% would be a ‘°reasonable rate°’ for
prejudgment interest in its Response te Defendants Post Trial Findings ef Fact and Conciusions
of Law (Plaintiffs Response No. 75) although it disputed that preiudginent interest should be
awarded. (Piaintiff s Response No. 74).
Accordingly, Defendants respectfully request that the Court include prejudgnrent interest for
Defendants in the Form of Judgment.
Very truly yours,
Davis Wri ht Tremaine L
. " ` J=. rnnrn
Gwen Fm er
Attorneys for Defendants Barry Cohen, Chris Cohen, and F/V Point Loma
cc: James Walsh, Esq.
Greg Poulos, Esq.
Max Kelty, Esq.
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Case 3:07-cv-02952-WHA

Document 201

Filed 07/02/2008

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Case 3:07-cv-02952-WHA

Document 201

Filed 07/02/2008

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