Goldfarb

Stephen Goldfarb appeals from an order denying his petition for writ of mandate to compel respondents Alameda County (County) and its civil service commission (Commission) to pay him interest on back-pay he received under a County ordinance after the Commission determined that he had been wrongfully demoted. Under Civil Code section 3287, subdivision (a), counties are liable to pay interest on “damages.” We conclude that appellant’s backpay award was for “damages” within the meaning of this statute and therefore reverse.

Factual Background

Appellant challenged his demotion from senior clinical psychologist to clinical psychologist at the County’s Health Care Services Agency. After a civil service hearing, the Commission rescinded the demotion and restored appellant to his former position. He then received approximately $15,000 under a County ordinance that automatically awards backpay when the Commission retroactively rescinds a disciplinary action. He petitioned the trial court for a peremptory writ of mandate after respondents rejected his demand for interest on the backpay.

Discussion

Preliminarily, we note that an appellate court is not bound by a trial court’s…