Bobby F. Ellerbee v. Lee Baca, County of Los Angeles and Does 1 through 25
Published: Aug. 22, 2009 | Result Date: Jun. 8, 2009 | Filing Date: Jan. 1, 1900 |Case number: BC385024 Verdict – $45,165
Facts
In 1996, Bobby Ellerbee settled a wrongful death case with rap artist Too Short, whose real name is Todd Shaw. In 2007, Ellerbee filed a claim with Los Angeles County to collect money from Shaw's earnings from work on an MTV reality program. Shaw still owed Ellerbee over $1 million from the settlement. Los Angeles County Sheriff Lee Baca served the writ of execution and levy to MTV Networks and Sony Record after Shaw had already received full payment. Thus, Ellerbee sued Baca and the county for failure to timely serve the writ.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the sheriff was required to serve the writ in a timely manner.
DEFENDANT'S CONTENTIONS:
The defense asserted that no statute required the sheriff to timely serve writs.
Damages
Ellerbee claimed $39,000 as money he would have received had the writ been timely served.
Result
The jury awarded the plaintiff $39,000. According to plaintiff's counsel: The court awarded plaintiff an additional $6,165 in sanctions against Sheriff Baca, the county, and defense counsel in connection with bad faith conduct in connection with the litigation.
Length
four days
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