Seven Percent (7%) Interest On Execution Of Judgment Which Was Later Overturned On Appeal Is Affirmed.

A party collected money by executing on a judgment that was later overturned on a and the other party sought restitution under Code of Civil Procedure section 908.  The party who collected the money did not contest the trial court’s order that it pay the money back after the case was overturned, but did contest the court’s ordering it to pay seven percent (7%) interest on the money collected because that amount is greater than the reasonable market value. The appellate court affirmed, finding the trial court did not abuse its discretion, and stating when the appellant “collected $20 million pending an appeal, it assumed ‘the risk that it may have to repay the award along with interest.’” Clive Cussler v. Crusader Entertainment, LLC  (Cal. App. Second Dist., Div. 3; December 21, 2012) (As Mod. January 9, 2013) 212 Cal.App.4th 356.