Los Angeles Unified School District v. Wilshire Center Marketplace

Introduction

This is an appeal by Wilshire Center Marketplace (WCM) from an order denying its motion to quash and recall a writ of execution on a judgment issued to the Los Angeles Unified School District of Los Angeles County (LAUSD). The primary issues presented are (1) whether the judgment became final before WCM was awarded its appellate litigation expenses; (2) whether the judgment earns interest at the legal rate from the date of entry; and (3) whether LAUSD is estopped to enforce the judgment based on WCM’s pending inverse condemnation action.

Facts

This is the second appeal arising from the eminent domain proceeding initiated by LAUSD to acquire a portion of the Ambassador Hotel property owned by WCM. In our previous review of this matter, we affirmed the trial court’s order validating the LAUSD’s abandonment of the condemnation action. (Los Angeles Unified School Dist. v. Trump Wilshire Associates (1996) 42 Cal.App.4th 1682 [ 50 Cal.Rptr.2d 229 ].) The present appeal is more narrowly focused and the following factual summary suffices for this appeal.

On July 16, 1990, LAUSD filed an eminent domain lawsuit in the Los Angeles Superior Court to condemn 17 of the…