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California Points & Authorities
 
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


12-121 California Points & Authorities 121.syn


Title

Interest

Author

The Matthew Bender Editorial Staff

Chapter Summary


ABSTRACT TEXT:

Interest is defined as the compensation allowed by law or fixed by the parties for the use, forbearance, or detention of money. The inclusion of prejudgment interest in a judgment is not the granting of damages in excess of the loss, nor is it an assessment of a penalty. The inclusion of prejudgment interest in an award is simply a recognition of the fact that one of the elements of direct loss suffered by a party deprived of the use of his or her money or other property is the value of its use, which in the case of money is represented by interest at the legal rate.

This chapter of California Points and Authorities contains memoranda for use in supporting and opposing the contention that prejudgment interest should be awarded, and for use in supporting and opposing the contention that compound prejudgment interest should be awarded. The chapter also contains points supporting the contention that postjudgment interest should be awarded, opposing the contention that any interest should be awarded, and opposing the contention that postjudgment interest should be awarded from the date of entry of an original judgment reversed on appeal.

California Points and Authorities is the only California publication to provide forms that combine concise arguments of the law with accurate summaries of supporting statutes, cases and rules. Easily adaptable for use in trial and appellate briefs and researching jury instructions, the forms are designed to assist the attorney in arguing points of law at all stages of litigation.

CORE TERMS:

California law,California practice,interest,prejudgment interest,judgment interest,postjudgment interest,compounding of interest,cessation of interest

RELATED CHAPTERS: (View)

For a skeletal form of memorandum for use in creating a properly formatted outline in which to compile relevant forms, see Ch. 1, Writing Legal Memoranda and Briefs.

For a memorandum regarding recovery of interest in an action for claim and delivery, see Ch. 40, Claim and Delivery.

For more information on interest on notes and negotiable instruments, see Ch. 166, Negotiable Instruments.

RELATED PUBLICATIONS:

See Lender Liability Law and Litigation (Matthew Bender) for expert guidance on the theory and practice of lender liability law, including federal tax liability, "bad faith" actions, and bankruptcy considerations.

For a discussion of, and forms for use in, proceedings involving usurious rates of interest, see California Forms of Pleading and Practice, Ch. 568, Usury (Matthew Bender).

For a discussion of the law regarding interest as an element of damages, see California Forms of Pleading and Practice, Ch. 177, Damages (Matthew Bender).

For a discussion of, and an alternative form for use in, seeking inclusion of postjudgment interest in a judgment, see California Forms of Pleading and Practice, Ch. 318, Judgments (Matthew Bender).

For a discussion and forms relating to prejudgment interest in unfair competition actions, see California Forms of Pleading and Practice, Ch. 565, Unfair Competition (Matthew Bender).
 
 
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