Tom Jones Enterprises, Ltd. v. County of Los Angeles

INTRODUCTION

Plaintiffs and appellants Tom Jones Enterprises, Ltd., a United Kingdom corporation, and Thomas Woodward, a professional known as Tom Jones, 1 appeal from a judgment in favor of defendant and respondent County of Los Angeles (defendant), following the trial court’s granting of defendant’s demurrer to the first amended complaint (FAC) without leave to amend and dismissal of the action. Plaintiffs’ claim against defendant is for the alleged negligence of a Los Angeles County Sheriff’s Department 2 employee for causing the release of funds subject to a writ of execution contrary to the instructions of plaintiffs. We hold that although the FAC was not deficient for failing to identify the employee whose conduct is attributed to defendant, the claim is nevertheless barred by the litigation privilege provided in Civil Code section 47, subdivision (b). We therefore affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs filed the FAC for damages against defendant, and the Sheriff’s Department, alleging one cause of action for negligence. Plaintiffs alleged *1287 that in June 2009, in a separate action, they obtained a judgment in their favor and against…