970. As used in this article:
(a) "Fiscal year" means a year beginning on July 1 and ending on
June 30 unless the local public entity has adopted a different fiscal
year as authorized by law, in which case "fiscal year" means the
fiscal year adopted by such local public entity.
(b) "Judgment" means a final judgment for the payment of money
rendered against a local public entity.
(c) "Local public entity" includes a county, city, district,
public authority, public agency, and any other political subdivision
or public corporation in the state, but does not include the Regents
of the University of California and does not include the state or any
office, officer, department, division, bureau, board, commission or
agency of the state claims against which are paid by warrants drawn
by the Controller.
970.1. (a) A judgment is enforceable until 10 years after the time
the judgment becomes final or, if the judgment is payable in
installments, until 10 years after the final installment becomes due.
(b) A judgment, whether or not final, is not enforceable under
Title 9 (commencing with Section 680.010) of Part 2 of the Code of
Civil Procedure but is enforceable under this article after it
becomes final.
970.2. A local public entity shall pay any judgment in the manner
provided in this article. A writ of mandate is an appropriate remedy
to compel a local public entity to perform any act required by this
article.
970.4. 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.
970.5. Except as provided in Section 970.6, if a local public
entity does not pay a judgment, with interest thereon, during the
fiscal year in which it becomes final, the governing body shall pay
the judgment, with interest thereon, during the ensuing fiscal year
immediately upon the obtaining of sufficient funds for that purpose.
970.6. (a) The court which enters the judgment shall order that the
governing body pay the judgment, with interest thereon, in not
exceeding 10 equal annual installments if both of the following
conditions are satisfied:
(1) The governing body of the local public entity has adopted an
ordinance or resolution finding that an unreasonable hardship will
result unless the judgment is paid in installments.
(2) The court, after hearing, has found that payment of the
judgment in installments as ordered by the court is necessary to
avoid an unreasonable hardship.
(b) Each installment payment shall be of an equal amount,
consisting of a portion of the principal of the judgment and the
unpaid interest on the judgment to the date of the payment. The local
public entity, in its discretion, may prepay any one or more
installments or any part of an installment.
970.8. (a) Each local public entity shall in each fiscal year
include in its budget a provision to provide funds in an amount
sufficient to pay all judgments in accordance with this article.
(b) If all or any portion of the revenue used for the maintenance
and operation of a local public entity (other than an entity created
by an agreement described in Section 895) liable for a judgment is
derived from appropriations of another local public entity, such
other local public entity shall in each fiscal year appropriate funds
equal to its pro rata share of an amount sufficient to permit the
local public entity liable for the judgment to pay the judgment in
accordance with this article. Such amount shall be paid to the local
public entity liable for the judgment and shall be used by such
entity to satisfy the judgment. The pro rata share of such other
local public entity for each judgment is an amount bearing the same
proportion to the total amount of the judgment as the revenue derived
from such other local public entity for maintenance and operation
during the fiscal year in which the cause of action on such judgment
accrued bears to the total revenues used for maintenance and
operation during such fiscal year of the local public entity liable
for the judgment. For this purpose, such other local public entity
shall include in its budget a provision to provide funds sufficient
in amount to make the appropriation and payment required by this
section.
971. (a) As used in this section:
(1) "Judgment resulting from a discretionary act" means a judgment
arising from a liability which the local public entity has
discretion to incur or not to incur and includes a judgment rendered
in an eminent domain proceeding and a judgment requiring specific
performance of a contractual obligation or awarding damages for
failure to perform a contractual obligation.
(2) "Judgment resulting from a nondiscretionary act" means a
judgment other than one described in paragraph (1) and includes a
judgment founded upon tort or inverse condemnation liability.
(b) Any limitation on the amount of taxes, assessments or rates
and charges that may be levied or collected by a local public entity,
and any limitation on the amount of appropriations and payments that
may be made by a local public entity, and any limitation on the
amount of liability or indebtedness that may be incurred by a local
public entity, contained in any other statute or in any charter or
ordinance:
(1) Applies to the taxes, assessments, rates and charges or
appropriations levied, collected or made to pay pursuant to this
article a judgment resulting from a discretionary act.
(2) Does not apply to the taxes, assessments, rates and charges or
appropriations levied, collected or made to pay pursuant to this
article a judgment resulting from a nondiscretionary act.
(c) For the purposes of Section 2271 of the Revenue and Taxation
Code, taxes levied to pay pursuant to this article a judgment
resulting from a nondiscretionary act are levied to pay costs
mandated by the courts.
971.2. (a) All judgments for which a local public entity is liable
are legal investments for all trust funds, and for the funds of all
insurance companies, banks (both commercial and savings) and trust
companies, and for every other local public entity within this state,
to the same extent as bonds of the local public entity liable for
the judgment.
(b) Whenever any money or funds may by law be invested in or
loaned upon the security of bonds of a local public entity, such
money or funds may be invested in or loaned upon the security of a
judgment for which such local public entity is liable; and whenever
bonds of a local public entity may be used as security for the
faithful performance or execution of any court or private trust or of
any other act, a judgment for which such local public entity is
liable may be so used.
(c) All judgments for which a local public entity is liable, to
the same extent as bonds of such local public entity, are legal for
use by any state or national bank or banks in the state as security
for the deposit of funds of any local public entity within this
state.
970. As used in this article:
(a) "Fiscal year" means a year beginning on July 1 and ending on
June 30 unless the local public entity has adopted a different fiscal
year as authorized by law, in which case "fiscal year" means the
fiscal year adopted by such local public entity.
(b) "Judgment" means a final judgment for the payment of money
rendered against a local public entity.
(c) "Local public entity" includes a county, city, district,
public authority, public agency, and any other political subdivision
or public corporation in the state, but does not include the Regents
of the University of California and does not include the state or any
office, officer, department, division, bureau, board, commission or
agency of the state claims against which are paid by warrants drawn
by the Controller.
970.1. (a) A judgment is enforceable until 10 years after the time
the judgment becomes final or, if the judgment is payable in
installments, until 10 years after the final installment becomes due.
(b) A judgment, whether or not final, is not enforceable under
Title 9 (commencing with Section 680.010) of Part 2 of the Code of
Civil Procedure but is enforceable under this article after it
becomes final.
970.2. A local public entity shall pay any judgment in the manner
provided in this article. A writ of mandate is an appropriate remedy
to compel a local public entity to perform any act required by this
article.
970.4. 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.
970.5. Except as provided in Section 970.6, if a local public
entity does not pay a judgment, with interest thereon, during the
fiscal year in which it becomes final, the governing body shall pay
the judgment, with interest thereon, during the ensuing fiscal year
immediately upon the obtaining of sufficient funds for that purpose.
970.6. (a) The court which enters the judgment shall order that the
governing body pay the judgment, with interest thereon, in not
exceeding 10 equal annual installments if both of the following
conditions are satisfied:
(1) The governing body of the local public entity has adopted an
ordinance or resolution finding that an unreasonable hardship will
result unless the judgment is paid in installments.
(2) The court, after hearing, has found that payment of the
judgment in installments as ordered by the court is necessary to
avoid an unreasonable hardship.
(b) Each installment payment shall be of an equal amount,
consisting of a portion of the principal of the judgment and the
unpaid interest on the judgment to the date of the payment. The local
public entity, in its discretion, may prepay any one or more
installments or any part of an installment.
970.8. (a) Each local public entity shall in each fiscal year
include in its budget a provision to provide funds in an amount
sufficient to pay all judgments in accordance with this article.
(b) If all or any portion of the revenue used for the maintenance
and operation of a local public entity (other than an entity created
by an agreement described in Section 895) liable for a judgment is
derived from appropriations of another local public entity, such
other local public entity shall in each fiscal year appropriate funds
equal to its pro rata share of an amount sufficient to permit the
local public entity liable for the judgment to pay the judgment in
accordance with this article. Such amount shall be paid to the local
public entity liable for the judgment and shall be used by such
entity to satisfy the judgment. The pro rata share of such other
local public entity for each judgment is an amount bearing the same
proportion to the total amount of the judgment as the revenue derived
from such other local public entity for maintenance and operation
during the fiscal year in which the cause of action on such judgment
accrued bears to the total revenues used for maintenance and
operation during such fiscal year of the local public entity liable
for the judgment. For this purpose, such other local public entity
shall include in its budget a provision to provide funds sufficient
in amount to make the appropriation and payment required by this
section.
971. (a) As used in this section:
(1) "Judgment resulting from a discretionary act" means a judgment
arising from a liability which the local public entity has
discretion to incur or not to incur and includes a judgment rendered
in an eminent domain proceeding and a judgment requiring specific
performance of a contractual obligation or awarding damages for
failure to perform a contractual obligation.
(2) "Judgment resulting from a nondiscretionary act" means a
judgment other than one described in paragraph (1) and includes a
judgment founded upon tort or inverse condemnation liability.
(b) Any limitation on the amount of taxes, assessments or rates
and charges that may be levied or collected by a local public entity,
and any limitation on the amount of appropriations and payments that
may be made by a local public entity, and any limitation on the
amount of liability or indebtedness that may be incurred by a local
public entity, contained in any other statute or in any charter or
ordinance:
(1) Applies to the taxes, assessments, rates and charges or
appropriations levied, collected or made to pay pursuant to this
article a judgment resulting from a discretionary act.
(2) Does not apply to the taxes, assessments, rates and charges or
appropriations levied, collected or made to pay pursuant to this
article a judgment resulting from a nondiscretionary act.
(c) For the purposes of Section 2271 of the Revenue and Taxation
Code, taxes levied to pay pursuant to this article a judgment
resulting from a nondiscretionary act are levied to pay costs
mandated by the courts.
971.2. (a) All judgments for which a local public entity is liable
are legal investments for all trust funds, and for the funds of all
insurance companies, banks (both commercial and savings) and trust
companies, and for every other local public entity within this state,
to the same extent as bonds of the local public entity liable for
the judgment.
(b) Whenever any money or funds may by law be invested in or
loaned upon the security of bonds of a local public entity, such
money or funds may be invested in or loaned upon the security of a
judgment for which such local public entity is liable; and whenever
bonds of a local public entity may be used as security for the
faithful performance or execution of any court or private trust or of
any other act, a judgment for which such local public entity is
liable may be so used.
(c) All judgments for which a local public entity is liable, to
the same extent as bonds of such local public entity, are legal for
use by any state or national bank or banks in the state as security
for the deposit of funds of any local public entity within this
state.
970. As used in this article:
(a) "Fiscal year" means a year beginning on July 1 and ending on
June 30 unless the local public entity has adopted a different fiscal
year as authorized by law, in which case "fiscal year" means the
fiscal year adopted by such local public entity.
(b) "Judgment" means a final judgment for the payment of money
rendered against a local public entity.
(c) "Local public entity" includes a county, city, district,
public authority, public agency, and any other political subdivision
or public corporation in the state, but does not include the Regents
of the University of California and does not include the state or any
office, officer, department, division, bureau, board, commission or
agency of the state claims against which are paid by warrants drawn
by the Controller.
970.1. (a) A judgment is enforceable until 10 years after the time
the judgment becomes final or, if the judgment is payable in
installments, until 10 years after the final installment becomes due.
(b) A judgment, whether or not final, is not enforceable under
Title 9 (commencing with Section 680.010) of Part 2 of the Code of
Civil Procedure but is enforceable under this article after it
becomes final.
970.2. A local public entity shall pay any judgment in the manner
provided in this article. A writ of mandate is an appropriate remedy
to compel a local public entity to perform any act required by this
article.
970.4. 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.
970.5. Except as provided in Section 970.6, if a local public
entity does not pay a judgment, with interest thereon, during the
fiscal year in which it becomes final, the governing body shall pay
the judgment, with interest thereon, during the ensuing fiscal year
immediately upon the obtaining of sufficient funds for that purpose.
970.6. (a) The court which enters the judgment shall order that the
governing body pay the judgment, with interest thereon, in not
exceeding 10 equal annual installments if both of the following
conditions are satisfied:
(1) The governing body of the local public entity has adopted an
ordinance or resolution finding that an unreasonable hardship will
result unless the judgment is paid in installments.
(2) The court, after hearing, has found that payment of the
judgment in installments as ordered by the court is necessary to
avoid an unreasonable hardship.
(b) Each installment payment shall be of an equal amount,
consisting of a portion of the principal of the judgment and the
unpaid interest on the judgment to the date of the payment. The local
public entity, in its discretion, may prepay any one or more
installments or any part of an installment.
970.8. (a) Each local public entity shall in each fiscal year
include in its budget a provision to provide funds in an amount
sufficient to pay all judgments in accordance with this article.
(b) If all or any portion of the revenue used for the maintenance
and operation of a local public entity (other than an entity created
by an agreement described in Section 895) liable for a judgment is
derived from appropriations of another local public entity, such
other local public entity shall in each fiscal year appropriate funds
equal to its pro rata share of an amount sufficient to permit the
local public entity liable for the judgment to pay the judgment in
accordance with this article. Such amount shall be paid to the local
public entity liable for the judgment and shall be used by such
entity to satisfy the judgment. The pro rata share of such other
local public entity for each judgment is an amount bearing the same
proportion to the total amount of the judgment as the revenue derived
from such other local public entity for maintenance and operation
during the fiscal year in which the cause of action on such judgment
accrued bears to the total revenues used for maintenance and
operation during such fiscal year of the local public entity liable
for the judgment. For this purpose, such other local public entity
shall include in its budget a provision to provide funds sufficient
in amount to make the appropriation and payment required by this
section.
971. (a) As used in this section:
(1) "Judgment resulting from a discretionary act" means a judgment
arising from a liability which the local public entity has
discretion to incur or not to incur and includes a judgment rendered
in an eminent domain proceeding and a judgment requiring specific
performance of a contractual obligation or awarding damages for
failure to perform a contractual obligation.
(2) "Judgment resulting from a nondiscretionary act" means a
judgment other than one described in paragraph (1) and includes a
judgment founded upon tort or inverse condemnation liability.
(b) Any limitation on the amount of taxes, assessments or rates
and charges that may be levied or collected by a local public entity,
and any limitation on the amount of appropriations and payments that
may be made by a local public entity, and any limitation on the
amount of liability or indebtedness that may be incurred by a local
public entity, contained in any other statute or in any charter or
ordinance:
(1) Applies to the taxes, assessments, rates and charges or
appropriations levied, collected or made to pay pursuant to this
article a judgment resulting from a discretionary act.
(2) Does not apply to the taxes, assessments, rates and charges or
appropriations levied, collected or made to pay pursuant to this
article a judgment resulting from a nondiscretionary act.
(c) For the purposes of Section 2271 of the Revenue and Taxation
Code, taxes levied to pay pursuant to this article a judgment
resulting from a nondiscretionary act are levied to pay costs
mandated by the courts.
971.2. (a) All judgments for which a local public entity is liable
are legal investments for all trust funds, and for the funds of all
insurance companies, banks (both commercial and savings) and trust
companies, and for every other local public entity within this state,
to the same extent as bonds of the local public entity liable for
the judgment.
(b) Whenever any money or funds may by law be invested in or
loaned upon the security of bonds of a local public entity, such
money or funds may be invested in or loaned upon the security of a
judgment for which such local public entity is liable; and whenever
bonds of a local public entity may be used as security for the
faithful performance or execution of any court or private trust or of
any other act, a judgment for which such local public entity is
liable may be so used.
(c) All judgments for which a local public entity is liable, to
the same extent as bonds of such local public entity, are legal for
use by any state or national bank or banks in the state as security
for the deposit of funds of any local public entity within this
state.
