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East Bay Municipal Utility Dist. v. FMC Corp.2/18/2003
ment, while the latter calls for interest from the entry of the verdict." (Id. at p. 208, fn. 2.) However, because the issue raised in this case was not before the Ehret court (the judgment was entered just one day after the verdict, and the discrepancy made no difference), the Ehret court did not decide it.
We conclude that post-verdict interest is permitted under California Rules of Court, rule 875 and that section 685.020's silence on this subject cannot be read as prohibiting this award. This conclusion is consistent with Civil Code section 3287, subdivision (a), which provides for prejudgment interest. "Every person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in him upon a particular day, is entitled also to recover interest thereon from that day. . . ." The trial court erred, therefore, in refusing to permit interest to accrue between the time the jury reached its verdict and the judgment was entered.
IV. DISPOSITION
With the exception of the trial court's decision denying post-verdict, prejudgment interest, the judgment is affirmed. The matter is remanded to the trial court to recalculate the appropriate award of interest in a manner consistent with this opinion. Costs on appeal to respondent.
We concur:
Kline, P.J.
Ruvolo, J.
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