Siry Investments v. Farkhondehpour CA2/2

After we issued an opinion in a prior appeal in this case, but before our remittitur issued, the Judicial Council amended California Rules of Court, rule 8.278 to allow the prevailing party on appeal to collect the “net interest expenses incurred” in borrowing funds for an appeal bond. The trial court thereafter awarded such expenses to the prevailing party in the prior appeal on the basis of the newly amended rule. Concluding there was no error, we affirm.

FACTUAL AND PROCEDURAL HISTORY

Plaintiff Siry Investments, L.P. (Siry), sued two of its former business partners, defendants Saeed Farkhondehpour (Farkhondehpour) and Morad Neman (Neman) (collectively, defendants), in their individual and trustee capacities, for breach of fiduciary duty. A jury awarded Siry compensatory and punitive damages. On appeal, we overturned the jury’s special verdict as “fatally indefinite” and remanded for a new trial. We issued our opinion on December 12, 2012. Siry filed a petition for rehearing on December 27, 2012, which we denied on January 7, 2013. The California Supreme Court denied Siry’s petition for review and we issued the remittitur on March 27, 2013.

To forestall execution of…