California Court of Appeal

In a suit involving the amount of a capital account and severance payment upon plaintiff's resignation from defendant-employer, trial court's award of prejudgement interest on the breach of contract action is affirmed where: 1) the contract between the parties provided for an award of prejudgment interest; and 2) the prejudgment interest provision in the contract was not a forbearance agreement within the meaning of the usury section of the California Constitution. Plaintiff's cross-appeal claim of jury misconduct in the breach of fiduciary duty action is denied.

Appellate Information

• Decided 02/18/2009
• Published 02/18/2009

Judges

• HULL, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Cassinat Law Corporation and John E. Cassinat, Elk Grove, for Plaintiffs and Appellants.


• For Appellees:
  
• Vlahos & Rudy, Michael B. McNaughton, San Francisco, and Hanson Bridgett Marcus, for Defendant and Appellant.