Vitale v. Hotel California, Inc.

David Vitale (plaintiff) won a $6,317 judgment against Hotel California (defendant), owner of a seasonal bar open 10 p.m. to 2 a.m., and had a writ of execution delivered to the county sheriff (defendant) with instructions to levy the bar's property while it was open. The sheriff initially refused, deeming late-night levies unreasonable, then attempted one but was turned away by bouncers and left, citing fear of violence; after further insistence from Vitale's attorney and another failed attempt, the sheriff finally seized $714 on a later visit. When Vitale's attorney demanded additional levy attempts to satisfy the full judgment, the sheriff refused, claiming only one levy per writ was required, and Vitale sought amercement against the sheriff.