Farkhondehpour

DISCUSSION

Siry’s challenge to the award of net interest expenses turns on two questions: (1) Did the trial court apply the correct version of California Rules of Court, rule 8.278

2 (rule 8.278); and (2) if so, was the net interest expense properly awarded under that version of the rule? The first question is a legal one we review de novo. (Andreini & Co. v. MacCorkle Ins. Service, Inc. (2013) 219 Cal.App.4th 1396, 1405-1406 (Andreini).) The second question we review de novo to the extent it proffers an interpretation of the rule (Rossa v. D.L. Falk Construction, Inc. (2012) 53 Cal.4th 387, 391-392 (Rossa); Coito v. Superior Court (2012) 54 Cal.4th 480, 488), and for substantial evidence to the extent it challenges the sufficiency of the evidence (Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 881). We have jurisdiction to entertain this appeal notwithstanding the pending retrial. (Krikorian Premiere Theatres, LLC v. Westminster Central, LLC (2011) 193 Cal.App.4th 1075, 1078-1085.)

I. Proper version of California Rules of Court, rule 8.278

Prior to January 1, 2013, rule 8.278 authorized a court to award the prevailing party on appeal “the cost to procure a surety…