County of Alameda v. Weatherford

California Court of Appeal Jun 9, 1995 No. A066650Published

Before: Dossee

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Holding. The court held that a money judgment payable in installments that lacks an express provision for postjudgment interest must accrue interest on each installment only as it becomes due, rather than on the entire judgment amount from the date of entry.

Issues

Whether a money judgment for reimbursement of public assistance payable in installments must explicitly provide for postjudgment interest to be enforceable.
Whether postjudgment interest on an installment-based money judgment accrues on the entire judgment from the date of entry or on each installment as it becomes due.

Disposition. reversed

Quotations verified verbatim against the opinion

“Unless the judgment otherwise provides, if a money judgment is payable in installments, interest commences to accrue as to each installment on the date the installment becomes due.”

Opinion

DOSSEE,J.

Defendant Robert C. Weatherford (Weatherford) appeals from the trial court’s order denying his petition for equitable relief from a judgment in favor of plaintiff County of Alameda (the County). Weatherford contends that he is entitled to equitable relief from the judgment on the

[668]

ground that it is not clear and definite on the issue of interest.

We agree and reverse.

I. Factual and Procedural Background

On February 15, 1978, the County filed a complaint against Weatherford for reimbursement of public assistance and for child support. Weatherford failed to appear, and the clerk of court entered a default against him. On September 14, 1978, the trial court entered judgment on the default. The judgment provided, in pertinent part, as follows:

“It Is . . . Ordered that [Weatherford] shall pay the sum of One Hundred Fifty Dollars ($150.00) per month for [his two minor sons] for a total of Three Hundred Dollars ($300.00) per month, for the support and maintenance of said [sons], which sum shall be payable 1/2 on the 1st and 1/2 on the 15th days of every month, commencing September 1, 1978, and continuing until further order of the Court.

“It Is Further Ordered that [Weatherford] had the ability to support his children, as named above, and therefore is indebted to the County of Alameda in the sum of Twenty Eight Thousand Seven Hundred Forty Dollars ($28,740.00) as and for Aid to Families with Dependent Children [(AFDC)] Public Assistance paid on his behalf from January 1, 1969 to August 31, 1978 and [Weatherford] shall reimburse the [County] in the amount of Fifty Dollars ($50.00) per month until the Judgment is liquidated, payable 1/2 on the 1st and 1/2 on the 15th days of every month, commencing September 1, 1978.

“It Is Further Ordered that [Weatherford] shall continue to pay the total amount of Three Hundred Fifty Dollars ($350.00) per month hereinbefore ordered after termination of payment of current support for the above-named children until the above judgment of indebtedness is liquidated.”

County of Alameda v. Weatherford

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DOSSEE,J.

I. Factual and Procedural Background

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II. Discussion

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