Letourneau v.
Homeowners Assn.
Filed 10/19/10 Letourneau v. Hamilton Cove Homeowners Assn. CA2/5
California Rules of Court, rule 8.1115(a), prohibits courts
and parties from citing or relying on opinions not certified for publication or
ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND
APPELLATE DISTRICT
DIVISION
FIVE
JEAN LETOURNEAU,
Plaintiff and Appellant,
v.
HAMILTON
COVE HOMEOWNERS ASSOCIATION et al.,
Defendants and Respondents.
B222577
(Los Angeles
County
Super. Ct.
No. NC019381)
APPEAL from
a judgment of the Superior Court
of Los Angeles
County, Patrick T. Madden, Judge. Affirmed.
Robert S.
Lewin for Plaintiff and Appellant.
Early,
Maslach & Van Dueck, Michael J. O'Connor; Law Office of Priscilla Slocum
and Priscilla Slocum for Defendants and Respondents.
I. INTRODUCTION
Plaintiff, Jean Letourneau, appeals
from an August 27, 2009 judgment entered on an
arbitration award in her favor. Judgment
was entered against defendants, Hamilton Cove Homeowners Association, Donald
Schwartzkopf, Pegi Herrington and Paul M. Cohen. Plaintiff argues she was entitled to
additional interest. The trial court
awarded plaintiff post-arbitration prejudgment interest from the date the
arbitrator, Retired Judge Richard W. Luesebrink, issued the award (January 28,
2005) to the date defendants first tendered payment (May 9, 2005). Plaintiff
contends she was entitled to additional interest for the period from the January 28, 2005 award to the August 27,
2009
judgment. Defendants have moved to
dismiss the appeal arguing plaintiff waived her right to appeal. We disagree and deny the dismissal
motion. On the merits, we uphold the
trial court's interest determination and affirm the judgment. We find there was substantial evidence
defendants tendered payment and plaintiff forfeited any defect in the tender by
failing to object. We conclude that, as
a result, the indebtedness ceased to bear interest.
II. BACKGROUND
Plaintiff filed a wrongful eviction
action against defendants. The parties
stipulated to binding arbitration â€
| Description | Plaintiff, Jean Letourneau, appeals from an August 27, 2009 judgment entered on an arbitration award in her favor. Judgment was entered against defendants, Hamilton Cove Homeowners Association, Donald Schwartzkopf, Pegi Herrington and Paul M. Cohen. Plaintiff argues she was entitled to additional interest. The trial court awarded plaintiff post-arbitration prejudgment interest from the date the arbitrator, Retired Judge Richard W. Luesebrink, issued the award (January 28, 2005) to the date defendants first tendered payment (May 9, 2005). Plaintiff contends she was entitled to additional interest for the period from the January 28, 2005 award to the August 27, 2009 judgment. Defendants have moved to dismiss the appeal arguing plaintiff waived her right to appeal. We disagree and deny the dismissal motion. On the merits, we uphold the trial court's interest determination and affirm the judgment. We find there was substantial evidence defendants tendered payment and plaintiff forfeited any defect in the tender by failing to object. We conclude that, as a result, the indebtedness ceased to bear interest. |
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