AAWestwood v. Liberal Arts 677 Benevolent Foundation CA2/5

California Court of Appeal Sep 8, 2021 No. B302363Unpublished

AI Brief

AI-generated · verify before citing

Holding. The court held that interest on an attorney fee award accrues from the date the trial court determines the party is entitled to those fees, rather than from the date of the original underlying judgment, when the initial judgment did not include such an award.

Issues

Whether interest on an attorney fee award accrues from the date of the original judgment or the date the fee award was subsequently granted following a remand.
Whether a prior appellate reversal and remand for a determination of prevailing party status on a contract constitutes a modification of the original judgment for interest accrual purposes.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“When a judgment is reversed on appeal the new award subsequently entered by the trial court can bear interest only from the date of entry of such new judgment.”

“the order on attorney[ ] fees constitutes a separate money judgment and interest on that judgment began to accrue on that later date.”

Filed 9/8/21 AAWestwood v. Liberal Arts 677 Benevolent Foundation CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

AAWESTWOOD, LLC, B302363

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BC504513) v.

LIBERAL ARTS 677 BENEVOLENT FOUNDATION, INC.,

Defendant and Appellant.

APPEAL from a postjudgment order of the Superior Court of Los Angeles County, Randolph M. Hammock, Judge. Affirmed. Law Office of Lawrence M. Lebowsky and Lawrence M. Lebowsky for Defendant and Appellant. Pick & Boydston and Brian D. Boydston for Plaintiff and Respondent.

I. INTRODUCTION

Defendant and cross-complainant Liberal Arts 677 Benevolent Foundation, Inc. (Liberal Arts) appeals from the trial court’s entry of an award of attorney fees which directed that interest accrue on the award beginning on the date the court awarded fees. In Liberal Arts’s view, the court erred in failing to order that interest on the fee award accrue earlier, namely, on the date it entered a money judgment in Liberal Arts’s favor. We affirm.

II. BACKGROUND

The parties’ dispute over certain parking spaces has been the subject of two prior appeals. We recite here only the facts that are relevant for purposes of the instant appeal. In 2013, plaintiff AAWestwood, LLC (AAWestwood) filed a complaint against Liberal Arts for quiet title and forcible detainer, and Liberal Arts crossed-complained for quiet title and declaratory relief. (AAWestwood, LLC v. Liberal Arts 677 Benevolent Foundation (Nov. 13, 2020, B296066) [nonpub. opn.].) Following a bench trial, the trial court found in favor of Liberal Arts on certain of the claims, in favor of AAWestwood on other claims, and concluded that Liberal Arts was the prevailing party under Code of Civil Procedure section 1032, subdivision (a)(4).1 (AAWestwood, LLC v. Liberal Arts 677 Benevolent Foundation (May 23, 2018, B275717) [nonpub. opn.] (AAWestwood I).) The court then stated that “‘given the facts and circumstances of the

AAWestwood v. Liberal Arts 677 Benevolent Foundation CA2/5

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

AAWESTWOOD, LLC, B302363

LIBERAL ARTS 677 BENEVOLENT FOUNDATION, INC.,

I. INTRODUCTION

II. BACKGROUND

More from California Court of Appeal

Related research

III. DISCUSSION

IV. DISPOSITION

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

KIM, J.

RUBIN, P. J.

BAKER, J.

AI Brief