Waterman Convalescent Hosp., Inc. v. Jurupa Cmty. Servs. Dist.

Plaintiff, a customer of defendant water district, filed this action to challenge certain late fees and penalties assessed by the district. Plaintiff contended that the method of computation of penalties, late fees, and charges violates Government Code section 61621. The trial court disagreed and granted summary judgment for the water district.

Undisputed Facts

The Jurupa Community Services District (District) provided water and sewer services for a fee to plaintiff Waterman Convalescent Hospital, Inc., doing business as Mt. Rubidoux Convalescent Center (Waterman). Billing was on a monthly basis.

Waterman’s April 24, 1991, bill for water and sewer services was $877.54. Payment was due May 20, 1991. A dispute arose as to whether this payment was made on time, but late payment was conceded for purposes of the summary judgment motion.

Contending the payment was late, the District issued its May 22 bill consisting of $1,015.18 for current services and $87.75 for a late penalty. The $87.75 represented a 10 percent late charge on the $877.54 April bill. Waterman paid the $1,015.18 on June 6, 1991, which the District applied to the May 22 bill, leaving $87.75 unpaid.

The…