California Court of Appeal

In a class action against a city, seeking to recover part of the amounts the city had billed the plaintiffs for DUI emergency response costs, the judgment is affirmed in part and reversed in part, where: 1) the amounts awarded were certain or capable of being made certain by calculation within the meaning of Civil Code section 3287(a) on the date of each payment by a class member, so prejudgment interest began to accrue on each payment date; 2) the plaintiffs showed no abuse of discretion in the trial court's apportionment of attorney's fee payments between the city and the plaintiffs from their monetary recovery; 3) the court abused its discretion by denying fees claimed for certain tasks; and 4) the trial court did not abuse its discretion by allowing the city to retain unclaimed funds.

Appellate Information

• Decided 04/20/2012
• Published 04/20/2012

Judges

• Croskey

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of S. Chandler Visher, Adena M. Hopenstand