California CodesBusiness and Professions Code - BPCDivision 7 — General Business RegulationsPart 2 — Preservation and Regulation of CompetitionChapter 2 — Combinations in Restraint of TradeArticle 3 — EnforcementSection 16761

The court may award, pursuant to a motion by a person who has recovered damages pursuant to Section 16750, or by the Attorney General who has secured monetary relief pursuant to Section 16760, interest on actual damages at the rate of 10 percent per annum for the period beginning on the date of service of such person’s or the Attorney General’s complaint setting forth a claim for violation of this chapter and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of interest for such period is just in the circumstances. In determining whether an award of interest under this section for any period is just in the circumstances, the court shall consider only the following:

(a) Whether the person, the Attorney General, or the opposing party, or the representative of any of those parties, made motions or asserted claims or defenses so lacking in merit as to show that the party or representative acted intentionally for delay, or otherwise acted in bad faith.

(b) Whether, in the course of the action involved, the person, the Attorney General, or the opposing party, or the representative of any of those parties, violated any applicable rule, statute, or court order providing for sanctions for dilatory behavior or otherwise providing for expeditious proceedings.

(c) Whether the person, the Attorney General, or the opposing party, or the representative of any of those parties, engaged in conduct primarily for the purpose of delaying the litigation or increasing the cost thereof.

Notes

Allows a court, on motion by a person recovering damages or by the Attorney General after securing monetary relief, to award 10% annual interest on actual damages from service of the complaint to judgment, or a shorter period, when just. The court may consider only specified litigation delay, bad-faith, sanctionable, or cost-increasing conduct in deciding the interest period.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 16761 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-7/part-2/chapter-2/article-3/section-16761

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