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.
Read Read 311 S. Spring St. Co. v. Dep’t. of Gen. Serv., No. B212165 [PDF]
Read 311 S. Spring St. Co. v. Dep’t. of Gen. Serv., No. B212165 [HTML]
Filed October 28, 2009
Judges
Opinion by Judge Mallano
Counsel
For Appellant: 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 Appellee: Gilchrist & Rutter, Frank Gooch III, Phillipa L. Altmann; Gilbert Dreyfuss, Inc., and Gilbert Dreyfuss
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