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C. 26
To: Board of Supervisors
From: William Walker, M.D., Health Services Director
Date: July  7, 2015
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Satisfaction of Judgment

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   07/07/2015
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:
Federal D. Glover, District V Supervisor
Contact: Dorothy Sansoe, 925-335-1009
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:     July  7, 2015
David Twa,
 
BY: , Deputy

 

RECOMMENDATION(S):

ADOPT Resolution No. 2015/236, WAIVE the payment of interest in the approximate amount of $17,145,86 and accept $15,000 as payment in full satisfaction of the $26,130.44 judgment against Sherrie Neal, and DIRECT County Counsel, or designee, to file an Acknowledgment of Satisfaction of Judgment with the Court upon payment of that sum.  

FISCAL IMPACT:

The County will recover $15,0000.

BACKGROUND:

On December 15, 2008, a judgment in the amount of $26,130.44 was entered against Sherrie Neal in an action brought by the County. On December 22, 2008, the County recorded a lien against the Property owned by Ms. Neal. The entire amount of the judgment remains unpaid. Under Code of Civil Procedure section 685.010, interest in the amount of 10% per annum has accrued against the principal amount of the judgment.  




BACKGROUND: (CONT'D)
  
Ms. Neal died on March 16, 2012. The Property is now owned by Ms. Neal's surviving children, Krystle Edwards and Eric Blackmon. It is anticipated that the Property will be sold and funds will become available to pay a portion of the judgment.  
  
Ms. Edwards and Mr. Blackmon are in contract for the sale of the Property to a third party. They have requested that the County waive the interest owed on the judgment and accept $15,000 of the $26,130.44 principal due, in full satisfaction of the judgment.  
  
The County Administrator and the Health Services Director recommend that the Board of Supervisors waive payment of the interest due on the judgment and accept $15,000 in full satisfaction of the judgment, and direct County Counsel to file an Acknowledgment of Satisfaction of Judgment with the Court upon receipt of the funds.  

CONSEQUENCE OF NEGATIVE ACTION:

The County many never receive any portion of the amount owed.

CHILDREN'S IMPACT STATEMENT:

Not applicable.

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