Cases: Interest

Interest, Judgment Enforcement: Interest On Routine Postjudgment Costs Runs From The Date Of The Original Monetary Judgment And Judgment Debtor Discovery Incorporates General CCP Discovery Abuse Provisions With Respect to Awarding Sanctions

Cases: Interest, Cases: Judgment Enforcement

Result Was That Interest Ran Much Sooner On Costs Than Judgment Debtor Wanted, And $9,087.50 In Sanctions For Boilerplate Objections To Judgment Debtor Discovery Requests Was Affirmed On Appeal Despite Paying Some Postjudgment Costs Earlier. Max v. Shih, Case No. B344402 (2d Dist., Div. 1 June 29, 2026) (unpublished) primarily related to a situation where […]

Interest, Special Fee Shifting Statutes: In A False Claims Act Case, Postjudgment Interest Ran From The Date Of A Fees Award, Not An Earlier Order Confirming A Settlement

Cases: Interest, Cases: Special Fee Shifting Statutes

Earlier Order Did Not Qualify As A Money Judgment. Agreeing and disagreeing with some other circuits, the Ninth Circuit in Thrower v. Academy Mortgage Corp., No. 24-6247 (9th Cir. Apr. 6, 2026) (published) held that postjudgment interest on a False Claims Act attorney’s fees award under 28 U.S.C. section 1961(a) runs from the order awarding

Interest: 2/7 DCA Decides That Its Prior Directive Was A Reversal, Not A Modification, So That Interest Ran From The Second Fee Award

Cases: Interest

Reversal/Modification Delineation Can Be Fuzzy, But It Was A Reversal In This Case.                Acting Presiding Justice Segal, in Vines v. O’Reilly Auto Enterprises, LLC, Case No. B327821 (2d Dist., Div. 7 Apr. 25, 2024) (published), quite correctly in our view noted that the issue for when interest runs on an earlier versus corrected attorney’s

Interest: Trial Court Properly Rejected Interest Accruing From An Earlier 2015 Merits Judgment When Fees Were Only Awarded In Early 2019 After A Prior Appellate Reversal Of A Fee Denial

Cases: Interest

End Result Was That 3 ½ Years Of Interest Did Not Accrue, About A $100,000 Savings.             In AAWestwood, LLC v. Liberal Arts 677 Benevolent Foundation, Inc., Case No. B302363 (2d Dist., Div. 5 Sept. 8, 2021) (unpublished), the interest accrual for a subsequent fees order was the question facing the appellate court.             The

Interest: Postjudgment Interest On Prejudgment Fees/Costs Begins Accruing On The Date Of The Judgment Or Order Establishing A Party’s Right To Recover Fees/Costs Whether Or Not That Recoverable Amount Has Been Established

Cases: Interest

Lucky Did Not Reach All Aspects Of The Issue Before The 4/1 DCA – With Copper Liquor Being More In Line With The Panel’s Construction Of The Enforcement Of Judgments Law. Steve Jobs [Apple computer].  1984.  Photographer Bernard Gotfryd. Library of Congress.             For a great discussion on the start date for the accrual

Ethics, Interest, Reasonableness Of Fees, Retainer Agreements: Where Fee Agreement Is Compliant/Enforceable Under B&P § 6148, Unconscionability Factor Guides Contractual Fees Charged And Reasonableness Governs Atty. Performance Under Retainer Agreement

Cases: Ethics, Cases: Interest, Cases: Reasonableness of Fees, Cases: Retainer Agreements

Attorney Obtained Substantial Pretrial Attachment, But He Did Not Obtain Substantial Interest On Delinquent Fees Because No Interest Provision Was Present In The Retainer Agreement.             Pech v. Morgan, Case No. B300524 (2d Dist., Div. 3 Mar. 11, 2021) (published) is an instructive decision indicating how enforceable, compliant fee agreements are dealt with in pretrial

Allocation, Homeowner Associations, Interest, Special Fee Shifting Statutes, Standard of Review: Plaintiff Owner/Developer’s Award Of $1,673,691 In Damages and Entire Fee Request Upheld On Appeal

Cases: Allocation, Cases: Homeowner Associations, Cases: Interest, Cases: Special Fee Shifting Statutes, Cases: Standard of Review

Defendant HOA’s Breach Of Owner/Developer’s Valid Contractual Access Rights Was The Common Core Involved In The Causes Of Action, So Apportionment Of Fees Not Required.             In Millennium-Diamond Road Partners v. Diamond Bar etc., Case No. B285539 (2nd Dist., Div. 3 Sept. 24, 2019) (unpublished), Owner/Developer Millennium sued HOA when it revoked Millennium’s access

Interest, Judgment Enforcement: Reversal Of Judgment And Remand, Which Really Was An Upward Modification, Required That Interest On The Attorney’s Fees Award Should Run From The Date Of Original Judgment

Cases: Interest, Cases: Judgment Enforcement

Substance Of The Order Was Determinative.             In Pacifica Companies LLC v. Patel, Case No. D074358 (4th Dist., Div. 1 Sept. 23, 2019) (unpublished), the 4/1 DCA in an earlier decision reversed a trial judge order denying a request for contractual attorney’s fees based upon a letter of intent agreement, remanding so that the trial

Interest/Postjudgment Enforcement:  Interest Accrues On First Entry of Judgment, Even When Costs (Fees Included) Are Included Later

Cases: Interest, Cases: Judgment Enforcement

Complicated Interpleader Dispute Still Results In Interest Accrual Result Described Above.             Wertheim, LLC v. Currency Corp., Case No. B270926 (2d Dist., Div. 5 Aug. 25, 2017) (unpublished) involved a complicated interpleader/postjudgment dispute between various parties, among which was an insurer of an appeal bond in favor of plaintiff Wertheim.  For purposes of this blog,

Costs/Interest: Prevailing Attorney Entitled To Recover Routine Costs And Interest On Routine Costs Since Date Of Original Judgment

Cases: Costs, Cases: Interest

  10% Per Annum Rate Governed Costs Award.     In our June 19, 2014 post, we discussed Chodos v. Borman, 227 Cal.App.4th 76 (2014) (Chodos I), where the appellate court refused to sustain a multiplier were the attorney had no retainer agreement with the client such that the lodestar, with two stipulated adjustments, adequately compensated

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