311 S. Spring St. Co. v. Dep't. of Gen. Serv., No. B212165

In plaintiff's case against the state for breach of a lease, trial court's postjudgment order denying defendant's request to vacate that portion of a judgment awarding postjudgment interest against state at a rate of 10 percent is reversed and remanded as it gives effect to that portion of a judgment awarding postjudgment interest which is claimed to be void.  Furthermore, the award in excess of 7 percent interest is void and thus subject to collateral attack because it constitutes relief which the court had no power to grant.     

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Filed October 28, 2009

Judges

Opinion by Judge Mallano

Counsel

For Appellant:  Edmund G. Brown, Jr., Attorney General, James M. Schiavenza, Senior Assistant Attorney General, Joel A. Davis, Supervising Deputy Attorney General, and Donna M. Dean, Deputy Attorney General

For Appellee:  Gilchrist & Rutter, Frank Gooch III, Phillipa L. Altmann; Gilbert Dreyfuss, Inc., and Gilbert Dreyfuss