Straughter

The State of California challenges a trial court judgment holding that it is liable for interest upon money judgments rendered against it pursuant to the California Tort Claims Act. (Gov. Code, § 810 et seq.; all subsequent statutory references are to sections of the Government Code.) We hold the state, like all other parties to litigation, is liable under article XV, section 1, of the California Constitution for interest on tort judgments. With modification, we affirm the judgment of the trial court.

Facts

Plaintiffs Sam Straughter, Joe Luque, Darlene Luque, Robert Rose, and Harold Hensley (respondents here) obtained money judgments against the state in three separate and unrelated tort actions involving the California Department of Transportation. The state paid the principal amount of these judgments plus costs but withheld post judgment interest. Plaintiffs then filed the underlying proceeding naming as defendants the state, the Controller and certain employees of the Department of Transportation (hereafter referred to collectively as state) seeking (1) a judicial declaration that the state is liable for post-judgment interest on tort claims and (2) a writ of…