Interest: Trial Court Properly Rejected Interest Accruing From An Earlier 2015 Merits Judgment When Fees Were Only Awarded In Early 2019 After A Prior Appellate Reversal Of A Fee Denial

End Result Was That 3 ½ Years Of Interest Did Not Accrue, About A $100,000 Savings.

            In AAWestwood, LLC v. Liberal Arts 677 Benevolent Foundation, Inc., Case No. B302363 (2d Dist., Div. 5 Sept. 8, 2021) (unpublished), the interest accrual for a subsequent fees order was the question facing the appellate court.

            The facts were that Appellant Liberal Arts had obtained a prior money judgment against Respondent AAWestwood in Fall 2015, but the lower court denied Civil Code section 1717 contractual fees.  That prompted an appeal and a reversal; and, on remand, the lower court awarded $280,000 in lower court/appellate court fees to Appellant in early 2019.  However, the lower court denied a request to have interest accrue on the fee award going back to Fall 2015, a 3 ½ years savings of around $100,000.  The 2/5 DCA panel agreed with the lower court.  Because there was a prior reversal of a fee denial and entry of a subsequent fee award, that subsequent award was a separate money judgment from which interest accrued as of the later Early 2019 date.  (Felczer v. Apple, Inc., 63 Cal.App.5^th 406, 415 (2021).)  Respondent was awarded costs on appeal, but no attorney’s fees.