Except as provided in Section 970.6, the governing body of a local public entity shall pay, to the extent funds are available in the fiscal year in which it becomes final, any judgment, with interest thereon, out of any funds to the credit of the local public entity that are:
(a)Unappropriated for any other purpose unless the use of such funds is restricted by law or contract to other purposes; or
(b)Appropriated for the current fiscal year for the payment of judgments and not previously encumbered.
Notes of Decisions
Harland v. State of California, 99 Cal. App. 3d 839 (Cal. Ct. App. 1979).
· cites it 2× “This argument is based upon the fact that the act makes reference to interest on judgments against local public entities (Gov. Code, § 970.4) but contains no similar reference to interest on judgments against the state.”
F & L FARM CO. v. City Council, 77 Cal. Rptr. 2d 360 (Cal. Ct. App. 1998).
“” Government Code section 970.4 then requires that the money budgeted in accordance with this duty be paid to the judgment creditors; it provides: “Except as provided in Section 970.”
Wright v. Tehachapi Unified Sch. Dist. (E.D. Cal. 2020).
· cites it 3× ““[I]f a local public entity does not pay a judgment, with interest thereon, 12 during the fiscal year in which it becomes final, the governing body shall pay the judgment, with 13 interest thereon, during the ensuing fiscal year immediately upon the obtaining of sufficient funds…”
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