No Retroactivity Of California Rules of Court, Rule 8.278 Amendment.

Respondent/defendant borrowed money to deposit with the trial court in lieu of securing an appeal bond. After being successful on appeal, it recovered more than $200,000 for interest paid on the borrowed funds as a cost of appeal. Those costs were included in an amended judgment from which the current appeal was taken. Despite the fact that California Rules of Court, rule 8.278 was recently amended to expressly allow recovery of interest in this situation, the appellate court found no retroactivity, and ordered the judgment amended by deleting the award of interest. (Andreini & Company v. MacCorcle Insurance Service  (Cal. App. First Dist., Div. 2; September 25, 2013) 219 Cal.App.4th 1396.)