Phillips

Plaintiffs, George and Frances Phillips, judgment debtors, appeal from a judgment of dismissal after the court sustained the demurrers of respondent Bartolomie, the Sheriff of Mendocino County, and respondent in intervention, Montgomery Ward & Company, the judgment creditor, to their second amended complaint on grounds of mootness and failure to state a class action. Although the parties on appeal initially confined their briefs to these issues, we have not found it necessary to reach the pleading issues in view of Raigoza v. Sperl (1973) 34 Cal.App.3d 560 [ 110 Cal.Rptr. 296 ], and, for other reasons set forth below, we have concluded that the judgment of dismissal must be affirmed.

Phillips’ second amended complaint alleged the following facts: Respondent Bartolomie is the Sheriff of Mendocino County, charged with the duty of satisfying judgments through civil process, including garnishments and writs of execution, pursuant to the existing statutory scheme, as set forth by Code of Civil Procedure sections 542, 682, 682a, 682.1, 688, 690, subdivision (a), 690.7, 690.50 and 691, and to continue attempts to satisfy the judgment against Phillips, pursuant to writs of…