Citations
- 36 Cal. App. 4th 666
Full opinion text
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 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.”
Between 1978 and 1992, Weatherford made payments on the judgment and received statements from the County reflecting these payments. The statements issued by the County showed a steadily declining balance due on the judgment and did not show any interest owing. All payments in excess of the current support obligation were credited against the $28,740 in back Aid to Families with Dependent Children (AFDC) payments owing under the judgment. A December 31, 1992, statement showed a “current balance” of $1,076.94—in other words, it reflected that Weatherford owed slightly more than three more monthly payments of $350.
It was not until a January 29, 1993, statement that the County first began to claim that interest was due under the judgment. This statement showed a “current balance” of only $753.89, but contained the following disclaimer: “Under California law interest accrues on your unpaid support at the rate of ten percent per year. Currently this office cannot compute the interest that you owe each month, however, interest continues to accrue on your unpaid support debt. The monthly statements you receive do not reflect the total amount you owe under your support order because the statements do not include interest. Interest will be calculated retroactive to the oldest missed payment on your account.” An April 30,1993, statement showed a “current balance” of zero but contained the same disclaimer regarding interest.
Eventually, the County sent Weatherford a refund check of $161.55 dated June 4, 1993. The cover letter accompanying the check explained that the refund was being sent because “the existing balance on your account reached zero.” However, the letter went on to explain that the zero balance “does not indicate that all amounts due from you have been paid” and that Weather-ford’s “case has been referred for an audit of charges and payments and the computation of any interest due, according to requirements of the State Department of Social Services. . . . Once the computations have been completed, you will be notified by mail.”
On June 19, 1993, the County sent Weatherford the promised computation. The County’s cover letter stated, “[according to policy set by the State Department of Social Services, interest charges have been computed on your account with this office through 5/31/93. [^Q Interest accrues on the unpaid principal balance pursuant to California Code of Civil Procedure section. 685.10 [sic]. [