Ellerbee v. County of Los Angeles
California Court of Appeal
187 Cal. App. 4th 1206 (2010)
Despite judgment creditor Ellerbee's (plaintiff's) attorney repeatedly urging expedited service of a writ of execution against joint debtors Sony and MTV, the sheriff (defendant) served both writs well within the statutory 180-day period but after each company had already made substantial payments to the underlying judgment debtor, causing Ellerbee to lose nearly $66,000 he might otherwise have collected before the debtor's subsequent bankruptcy; the trial court denied the County's motion for judgment on the pleadings on Ellerbee's negligence theory.
Whether, under state commercial law, a government entity may be held liable to an unsecured judgment creditor for exercising discretion over the timing of service of a writ of execution.