Weatherford

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:

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…