Riley

BACKGROUND

In 2008, defendant Patricia Hamilton, represented by her attorney, defendant Ulric E.J. Usher (collectively, defendants), obtained a money judgment against Richard Robert Riley, an individual, and Richard Robert Riley dba R&D Construction, in a construction defect lawsuit (the construction lawsuit). In 2012, defendants obtained a writ of execution in the construction lawsuit for approximately $35,000. In May 2012, defendants sent the writ of execution to the San Francisco Sheriff’s Department, along

1 All undesignated section references are to the Code of Civil Procedure.

1 with written instructions directing the sheriff to levy the writ on plaintiff’s bank account.2 Approximately $35,000 was seized from plaintiff’s account and the sheriff’s department disbursed the money to defendants in June 2012. Plaintiff apparently did not realize the money had been taken until December 2012. He then contacted defendants and informed them he was not the judgment debtor. Defendants did not return the money taken from plaintiff’s account.3 Plaintiff subsequently filed the instant lawsuit alleging abuse of process, conversion, fraud, and negligence.4 The operative first amended…