Duke
Duke v. Superior Court of Kern Cnty.
Opinion
lead Opinion
Black, J.
*495 INTRODUCTION
Petitioner Rebecca D. Duke seeks writ relief based on her claim that real parties in interest Gregory Klis and David W. Lewis (real parties) committed conversion when they enforced a writ of execution against shares of stock Duke owned in Skinsation Medical Aesthetics, a Medical Group, Inc. (Skinsation). Duke and real parties were, individually, guarantors on a liability that gave rise to the judgment from which the writ of execution arose. Real parties contend they were legally entitled to take an assignment of the judgment and enforce the full amount of the debt against the principal obligor, Skinsation. According to real parties, this permitted them to levy Duke's shares of stock in Skinsation. The trial court sustained real parties' demurrer without leave to amend as to Duke's cause of action for conversion.
Duke seeks writ review, claiming real parties were limited to obtaining contribution for Duke's share of the debt either through a noticed motion or by a separate civil action. As a result, she asserts real parties' demurrer to her cause of action for conversion should have been overruled. The petition for writ of mandate is granted.