Felczer v. AppleAnnotate this Case
After five years of litigation that culminated in a lengthy combined jury and bench trial, plaintiffs representing a subclass of retail workers were awarded $2,000,000 in damages against defendant Apple Inc. (Apple) for violations of certain California wage-and-hour labor laws. The trial court memorialized this award in its September 2017 judgment, noting that costs would be determined at a later time. Shortly after entry of the judgment plaintiffs filed a memorandum of costs, and several months later moved for attorney’s fees under Code of Civil Procedure section 1021.5. This case presented a single question for the Court of Appeal's determination: in a civil case where the prevailing party is entitled to recover certain litigation expenses and attorney’s fees from the losing party, when does postjudgment interest on an award of prejudgment costs begin to run? The Court held accrual begins on the date of the judgment or order that establishes the right of a party to recover a particular cost item, even if the dollar amount has yet to be ascertained.