George

George v. County of San Luis Obispo

Good Law
2000 Cal. App. LEXIS 149·2000 Daily Journal DAR 2265·78 Cal. App. 4th 1048·93 Cal. Rptr. 2d 595·2000 WL 230314
Court of Appeal of CaliforniaMarch 1, 2000No. B125212California2,410 words

Opinion

Lead Opinion

Perren, J.

John George, James F. George IV, and Mary George (the Georges) appeal from the summary judgment entered in favor of respondents County of San Luis Obispo, and Sheriff’s Deputies Gary Anderson and Ben Hall (Sheriff). The Sheriff evicted the Georges from property leased to family members James George III and Margie George pursuant to an order and writ of possession issued by the federal bankruptcy court. The Georges contend that the Sheriff is liable for wrongful eviction for failing to either comply with state law in executing the writ or to furnish them with due process in the execution of the order and writ. We conclude that the Sheriff, acting pursuant to an order and writ of possession regular on their face, which were issued by a court of competent jurisdiction, was immune from liability in evicting the Georges. We affirm.

Factual and Procedural Background

In June 1994, Margie George and James George III (bankrupts) filed bankruptcy. At the time, they were lessees under a commercial lease from the City of Morro Bay (City). On April 15, 1996, the bankruptcy court issued an order (the Order) which provides that (a) the bankrupts “and anyone claiming possession under…

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