Ellerbee
Ellerbee v. County of Los Angeles
Opinion
Opinion
Johnson, J.
The County of Los Angeles (County) appeals from a judgment after a jury found it negligent for failing promptly to serve a writ of execution. The County contends the case should never have been tried, and the trial court erred in denying its motion for judgment on the pleadings. We agree. The County and its attorney, Henry Patrick Nelson, also appeal from a pretrial order imposing monetary sanctions against them for failing to participate in a court-ordered mediation. As to that ruling, we find no error and affirm.
BACKGROUND
Bobby Frank Ellerbee is the holder of an August 2001 superior court judgment against Todd Anthony Shaw, also known as “Too Short,” arising out of the death of Ellerbee’s son, for which Shaw is responsible. The judgment was amended on June 14, 2007, to add several additional joint debtors. As of June 18 the unpaid principal and accrued interest on the outstanding judgment was $1,091,380.40. On June 18 the superior court issued a writ of execution (writ) to, among others, defendant Lee Baca, Sheriff of the County of Los Angeles (Sheriff).
On June 21, Ellerbee’s attorney, Montie Day, delivered the writ to the sheriff’s department. The writ was…