California Court of Appeal

In plaintiff's case against the state for breach of a lease, trial court's postjudgment order denying defendant's request to vacate that portion of a judgment awarding postjudgment interest against state at a rate of 10 percent is reversed and remanded as it gives effect to that portion of a judgment awarding postjudgment interest which is claimed to be void. Furthermore, the award in excess of 7 percent interest is void and thus subject to collateral attack because it constitutes relief which the court had no power to grant.

Appellate Information

• Decided 10/28/2009
• Published 10/28/2009

Judges

• MALLANO, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General, James M. Schiavenza, Senior Assistant Attorney General, Joel A. Davis, Supervising Deputy Attorney General, and Donna M. Dean, Deputy Attorney General, for Defendant and Appellant., Gilchrist & Rutter, Frank Gooch III, Phillipa L. Altmann, Santa Ana;  Gilbert Dreyfuss, Inc., and Gilbert Dreyfuss for Plaintiff and Respondent.