Does the trial court improperly calculate the amount of post-judgment interest in a motion to vacate?

California, United States of America


The following excerpt is from Mir v. Spackman, B250393 (Cal. App. 2015):

4. In passing, Mir also contends that the trial court improperly calculated the amount of post-judgment interest for three particular days: April 23, 2003, May 10, 2005, and June 13, 2006. However, Mir raised this argument for the first time in the reply he filed in support of his first motion to vacate. The trial court declined to consider this argument, and we conclude it did not abuse its discretion in doing so as " '[p]oints raised for the first time in a reply brief will ordinarily not be considered, because such consideration would deprive the respondent of an opportunity to counter the argument.' [Citation.]" (Reichardt v. Hoffman (1997) 52 Cal.App.4th 754, 764.)

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