Utility Audit Co. v. City of Los Angeles

Opinion

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 Company, Inc. (Utility), in Utility’s consolidated actions to recover interest on refunds paid voluntarily by the City. Utility is the assignee…