Collections Default Is Not an Avenue for Collateral Attack

Cnty. of Sonoma v. Gustely, No. A153423 (D1d2 Jun. 24, 2019)

County agency assessed penalties against a Landowner for violations of land use ordinances. Landowner didn’t appeal or seek a writ of administrative mandamus. County brought a collection procedure to enforce the judgment. Landowner defaulted. On a motion for default judgment, the trial court reduced the penalty from $45 to $20 per day. That was error. By declining to appeal the enforcement case, Landowner forfeited the right to challenge the judgment. The trial court should not have engaged in what was essentially a collateral attack on it in a default proceeding.

Judgment modified.