Hyundai Motor America v. Superior Court

Good Law
185 Cal. Rptr. 3d 349·2015 Cal. App. LEXIS 253·235 Cal. App. 4th 418
Court of Appeal of CaliforniaMarch 20, 2015G051279California2,995 words

Opinion

Opinion

“Nature, not judges, should be in charge of making mountains out of mole hills.” (Crum v. City of Stockton (1979) 96 Cal.App.3d 519, 524 [ 157 Cal.Rptr. 823 ] (cone. & dis. opn. of Reynoso, J.).)

This writ petition came to this court on a request by petitioner Hyundai Motor America (Hyundai) to stay a scheduled judgment debtor examination of its president and chief executive officer over a dispute regarding an attempt by real party in interest Adam Rosen (Rosen) to collect supposed postjudgment interest of $462.50 on an attorney fee award of $42,203.

Hyundai promptly paid the entire fee award, but refused to pay any additional sums for interest. Rosen accepted the tendered amount but deducted $462.50 as an interest payment, allegedly leaving part of the principal balance unpaid. From this initial $462.50, Rosen now claims that Hyundai owes more than $13,000 for additional interest and attorney fees in less than a six-month period — one of the best growth investments we have seen.

There is a short answer to Rosen’s claim for postjudgment interest: the attorney fee order was filed months before the entry of the final judgment in this matter. By law, postjudgment interest…

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