Agenda

Return

C. 15

To:	Board of Supervisors
From:	David Twa, County Administrator
Date:	July 23, 2019

Contra

Costa

County

Subject:

Satisfaction of Judgment

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 07/23/2019

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

ABSENT:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor

Contact:	Julia Taylor, 925.335.1043
cc:	Anna Roth Robert Campbell, Auditor-Controller

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 23, 2019
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

ADOPT Resolution No. 2019/512, WAIVE the payment of interest in the approximate amount of $47,823 and accept $64,339.22 in full satisfaction of the judgment against Barbara J. Scharf for the action brought by Contra Costa County, and DIRECT County Administrator or designee, to execute a release of the lien securing the judgement against Barbara J. Scharf, recorded against 2212 Lopez Drive in Antioch after receipt of payment, as recommended by the Health Services Department and County Administrator.

FISCAL IMPACT:

The principal amount owed on the judgment entered against Barbara J. Scharf in an action brought by Contra Costa County, and secured by the lien recorded against 2212 Lopez Drive in Antioch ("Property"), is $64,339.22. Since the judgement was entered through June 2019, approximately $47,822.55 in interest has accrued on the principal. Therefore, the total amount due, as of June 30, 2019, in satisfaction of the judgement is $112,161.77. However, this action would waive the interest and accept $64,339.22 as full satisfaction of the judgment.

BACKGROUND:

In 2012, a judgment in the amount of $64,339.22 was entered against Barbara J. Scharf in an action brought by the Contra Costa County. On May 29, 2012, the County recorded a lien against the Property owned by Barbara Scharf. 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 secured by the lien recorded against the Property. Barbara Scharf has requested that the County forgive the full amount of the debt, or waive payment of the interest due on the judgement. This Board Order is to agree to waive the interest and accept $64,339.22 in full satisfaction of the judgment, and direct County Counsel to file an Acknowledgement of Satisfaction of Judgment with the County upon receipt of funds.

CONSEQUENCE OF NEGATIVE ACTION:

The County may never recover the full amount owed and may miss this opportunity to receive payment of this debt.