Davey v. Graham CA6
This action originates from a judgment entered nearly 50 years ago, on August 29, 1973 (the judgment). The judgment was in favor of the named plaintiff in the action, Barbara Benson (Benson), against defendant John Graham (Graham). The judgment required that Graham pay $150 in monthly child support, commencing September 1, 1973, with payments being made to Santa Clara County Adult Probation Department (Adult Probation). In 2019, Benson’s daughter, Maignon Davey (Davey), as administrator of Benson’s estate, substituted as the plaintiff. In September 2019, Davey filed a motion to enforce child support judgment, or, in the alternative, to renew the judgment. She claimed that the total amount owed on the judgment, including accrued interest, was $314,422.37. On October 30, 2019, the court denied the motion, finding that Davey had no personal knowledge as to whether the judgment had or had not been paid.
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