Chodos

*710 Opinion

INTRODUCTION

Plaintiff and appellant, Attorney Rafael Chodos, as executor and trustee of the estate of his brother, Attorney Hillel Chodos 1 (attorney), appeals from the revised judgment entered by the trial court following this court’s reversal with instructions to enter a new judgment in Chodos v. Borman (2014) 227 Cal.App.4th 76 [ 173 Cal.Rptr.3d 266 ] (Chodos I). Originally, on September 19, 2013, the trial court entered a judgment for attorney for the value of legal services, which comprised the lodestar amount of $1.8 million found by the jury, plus a multiplier, resulting in a total amount awarded of $7.8 million with two stipulated adjustments. In finding the multiplier inappropriate, we ordered the trial court to enter a new judgment in the amount of the $1,717,921 — the lodestar with the two stipulated adjustments.

Attorney contends that the trial court erred when it failed to include postjudgment interest in the final judgment, with interest to run on the $1,717,921 from September 19, 2013, the date of the original judgment. Defendant and respondent Navabeh P. Borman (client) argues that interest should only run from the date of entry of the judgment…

I concur in the majority opinion. I write separately to address the inadequate record contention of defendant, Navabeh P. Borman. After our remittitur issued, plaintiff, Rafael Chodos, filed an ex parte motion to compel compliance with our remittitur. According to the clerk’s minutes of the November 6, 2014 hearing, no court reporter was present. No settled statement of the post-remittitur issuance hearing has been provided. On November 14, 2014, the judgment was entered.

Our prior decision reversed the judgment no doubt, but the gravamen of our opinion was to direct a modification of the judgment. We ordered that specific sums of money be deducted from the original judgment. We did not order a hearing be held or any issues be reconsidered. We issued no orders concerning any other calculation of damages apart from the deductions specified in our opinion. We did not order the issue of prejudgment interest be reconsidered. The case was over. Thus, the absence of a reporter’s transcript or a suitable substitute of the post-remittitur issuance ex parte hearing does not permit reversal of the judgment. And the record fails to disclose any error on the face of the record by the trial…

INTRODUCTION

Plaintiff and appellant, attorney Hillel Chodos1 (attorney), appeals from the revised judgment entered by the trial court following this court’s reversal with instructions to enter a new judgment in Chodos v. Borman (2014) 227 Cal.App.4th 76 (Chodos I). Originally, on September 19, 2013, the trial court entered a judgment for attorney for the value of legal services, which comprised the lodestar amount of $1.8 million found by the jury, plus a multiplier, resulting in a total amount awarded of $7.8 million with two stipulated adjustments. In finding the multiplier inappropriate, we ordered the trial court to enter a new judgment in the amount of the $1,717,921—the lodestar with the two stipulated adjustments. Attorney contends that the trial court erred when it failed to include postjudgment interest in the final judgment, with interest to run on the $1,717,921 from September 19, 2013, the date of the original judgment. Defendant and respondent Navabeh Borman (client) argues that interest should only run from the date of entry of the judgment following remittitur, November 14, 2014. Additionally, attorney asserts that the trial court erred because its modified final…