Frances Duchek and Arthur Duchek v. Rudolph Jacobi and Elfi Jacobi

This appeal follows the execution and sale of real property in satisfaction of a judgment secured in federal district court against Rudolph and Elfi Jacobi. The Jacobis contend that the confluence of Federal Rule of Civil Procedure 69(a) and California Civil Code §§ 1245, 1247, deprived the district court of jurisdiction to enforce the judgment. We disagree and affirm the district court.

Rudolph and Elfi Jacobi [Jacobi] were the owners and operators of a traveling circus known as the “Rudy Brothers Circus”. During the winter months, the circus, its equipment and assets were quartered on real property in Riverside County, California. Part of this property was improved with a residence and the other portion was unimproved and used to store the circus equipment.

Katherina Duchek was killed in a circus accident on July 17, 1963 while in Jacobi’s employ. Arthur and Frances Duchek, the husband and daughter of Katherina, brought a diversity action in tort in the Central District of California against Jacobi. Following trial they were awarded the sum of $25,000. After that action had been filed but before judgment was entered, Rudolph Jacobi, apparently without any consideration,…