County of Alameda v. City of Oakland

Good Law
193 Cal. App. 3d 858·1987 Cal. App. LEXIS 1945·238 Cal. Rptr. 646
Court of Appeal of CaliforniaJuly 21, 1987No. A021060California3,275 words

Opinion

Lead Opinion

Newsom, J.

The County of Alameda (hereafter respondent or the County) filed an action for breach of contract and declaratory relief against the City of Oakland (hereafter appellant or the City) on January 23, 1981. The County sought the proceeds from collection of bail paid for parking citations allegedly withheld by the City in breach of a written agreement (hereafter the Agreement) between the parties executed on November 16, 1971. The City asserted that the Agreement had been terminated and new obligations respecting processing and administering of parking citations created by subsequent conduct of the parties and statutory law.

After a trial upon exhibits and depositions filed with the court, judgment was entered in favor of the County for money wrongfully withheld, plus interest. The court also affirmed the continuing validity of the Agreement, and ordered the City to make monthly payments to the County in accordance with its terms. This appeal followed. The pertinent facts are as follows.

The Agreement provided that the task of issuing and processing parking citations would be undertaken by the City. The County would provide the judicial forum for resolution of disputes…

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