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UTILITY AUDIT CO. v. CITY OF LOS ANGELES

No. B163797.

5 Cal.Rptr.3d 520 (2003)

112 Cal.App.4th 950

UTILITY AUDIT COMPANY, Inc., Plaintiff and Respondent, v. CITY OF LOS ANGELES, Defendant and Appellant.

Court of Appeals of California, Second District, Division Two.

October 22, 2003.

Attorney(s) appearing for the Case

Rockard J. Delgadillo, City Attorney, Michael L. Claessens, Assistant City Attorney, and Laurie Rittenberg, Deputy City Attorney, for Defendant and Appellant.

Elena Reyes for Plaintiff and Respondent.

NOTT, J.

This appeal raises two central issues. First, should a refund of improperly collected sewer fees include interest? We hold that it should. Second, does the voluntary payment of such a refund, made without regard to any period of limitations defenses, equal a waiver of such defenses as to the payment of interest? We hold that it does not.

INTRODUCTION

The City of Los Angeles (City) appeals from a judgment entered in favor of Utility Audit...

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