In Calif., Not All Appellate Costs Are Created Equal
February 22, 2012, 4:09 PM EST
Law360, New York (February 22, 2012, 4:09 PM EST) -- If your client is currently fighting a judgment on appeal and is incurring interest on funds it borrowed to obtain collateral for a letter of credit (LOC) required for a surety bond to stay enforcement, you should immediately advise your client that if it is successful on appeal, the interest paid on such a loan is not a recoverable “cost” under Cal. Rules of Ct. (CRC) Rule 8.278(d)(1)(F).
The California Supreme Court in Rossa v. D.L. Falk Construction Inc. (Cal. 2012) 53 Cal. 4th 387 (“Rossa...