Barkley

Barkley v. City of Blue Lake

Good Law
18 Cal. App. 4th 1745·1993 Cal. App. LEXIS 974·23 Cal. Rptr. 2d 315·93 Daily Journal DAR 12401·93 Cal. Daily Op. Serv. 7301
Court of Appeal of CaliforniaSeptember 29, 1993Docket Nos. A059450, A055964California2,303 words

Opinion

Opinion

White, J.

Patrick J. Barkley appeals after the superior court dismissed two separate actions to collect a money judgment against the City of Blue Lake (the City) on the ground that both actions were barred by the 10-year limitations period for enforcing a monetary judgment against a local public entity. (Gov. Code, §§ 970.1, subd. (a), 970, subd. (b).) We affirm the judgment dismissing Barkley’s petition for writ of mandate, but reverse the order dismissing his action “on” the judgment.

In December of 1969 Barkley obtained a monetary judgment in a breach of contract action against the City for $90,354.88, with interest at the rate of 7 percent per annum from January 3, 1958. On April 5, 1982, this court dismissed the City’s appeal from the judgment and remittitur issued on June 7, 1982. Thus, at the latest, the judgment became final on June 7,1982. (Cal. Rules of Court, rule 25.)

In January of 1984, Barkley filed a first amended petition for writ of mandate to enforce the judgment against the City (Gov. Code, § 970.2). This action (Super. Ct. Humboldt County, No. 72493) languished in the trial court until July of 1986 when Barkley filed a motion for a peremptory writ of mandate…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.