Lebbos v. Judges of the Superior Court, Santa Clara County

883 F.2d 810, 1989 U.S. App. LEXIS 12778, 1989 WL 98461
CourtCourt of Appeals for the Ninth Circuit
DecidedAugust 28, 1989
DocketNo. 87-2105
StatusPublished
Cited by12 cases

This text of 883 F.2d 810 (Lebbos v. Judges of the Superior Court, Santa Clara County) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lebbos v. Judges of the Superior Court, Santa Clara County, 883 F.2d 810, 1989 U.S. App. LEXIS 12778, 1989 WL 98461 (9th Cir. 1989).

Opinion

WIGGINS, Circuit Judge:

Appellants appeal the district court’s dismissal of their suit for failure to state a claim and based on the Younger abstention doctrine. This action springs from the appointment by Santa Clara Superior Court Judge Conrad Rushing of appellee Alan Munn as receiver to aid in the collection of a judgment rendered in favor of appellee Linda Wooten against appellant Betsey Lebbos. Appellants challenge the constitutionality of Cal.Civ.Proc. § 708.620 (West 1987) and Cal.Civ.Proc. § 568 (West 1979),1 which together permit the court appointment of, and vest broad authority in, a receiver to aid a successful litigant in the collection of an unpaid judgment. Appellants also challenge the constitutionality of the order appointing Munn as receiver and a subsequent order delineating Munn’s authority. Appellants request that the statutory provisions and orders be declared unconstitutional, and that the Santa Clara Superior Court judges be enjoined from invoking the statutory provisions and from enforcing the orders. Appellants also seek an injunction to stop several state court proceedings initiated by Munn to collect Betsey Lebbos’s unpaid debt. They allege various constitutional claims under 42 U.S.C. § 1983 (1982) for which they seek compensatory and punitive damages. We affirm the dismissal of the claims for declaratory and injunctive relief, and also the claims for damages against the judges. We also affirm the dismissal of the claims for damages against the remaining defendants except with respect to Betsey Leb-bos’s due process claim against Munn, Wooten, and Wooten’s attorneys.

I

Betsey Lebbos is an attorney. Sometime in 1983 she brought an action against Woo[812]*812ten in Santa Clara Superior Court to recover attorney fees allegedly owed her from a previous action in which Lebbos had successfully represented Wooten. Wooten filed a counterclaim. Following a jury verdict in favor of Wooten, Lebbos was required to rebate $13,628 of the $29,000 previously paid by Wooten to Lebbos. In attempting to collect her judgment, Wooten hired appellees John Miller and Mary Grilli of the law firm Miller & Grilli. The interaction between Miller and Lebbos during the ensuing three years was less than cordial to say the least. In her complaint, Lebbos sets forth in great detail the various attempts made by Miller to collect the judgment against Lebbos. Apparently unsuccessful in collecting the debt, Miller filed an ex parte motion in Santa Clara Superior Court seeking the appointment of a receiver pursuant to Cal.Civ.Proc.Code § 708.620 (West 1987). Judge Rushing granted the motion on July 15, 1986, appointing Munn, an attorney, as receiver. According to the complaint, Munn, along with Miller and his employees, sought to collect the debt by improperly invading Lebbos’s business affairs and by seizing real property owned in trust by her daughter, appellant Aida Lebbos. Betsey Lebbos claims she is an “activist attorney” and that the appellees’ actions were designed to discourage her efforts in exposing certain (unspecified) “abuses and deficiencies” in the Santa Clara Superior Court.

Betsey Lebbos, her daughter Aida, and the other plaintiffs, Garth Rease, C. Jonlyn Karr, and Genyses Corporation filed this action on October 2, 1986. Rease is a tenant of Aida Lebbos and leases a house owned by Lebbos in San Jose. Karr was the trustee of Aida Lebbos’s trust from its inception in 1973 until 1985. While acting as trustee, she purchased two properties from the proceeds of the trust. In May 1977 she purchased the property in San Jose, and in December 1983 she purchased a house located in Menlo Park. Martha McCutcheon apparently also is a tenant of Aida Lebbos’s. Genyses Corporation was the entity through which Betsey Lebbos operated her trust account for her legal practice.

Named as defendants are “the judges of the Santa Clara Superior Court”; Superior Court Judges Rushing, Jack Komar, and Peter Stone; attorneys Miller and Grilli; Timothy Keene, a process server utilized by Miller & Grilli; Elizabeth Wharton, an employee of Miller & Grilli; Jeradlin Sprad-lin, an associate with Miller & Grilli; Wooten; and Munn.

In their complaint, appellants challenge the constitutionality of Cal.Civ.Proc. §§ 708.620 and 568 under the due process and equal protection clauses of the fourteenth amendment, and seek to enjoin the judges of the Santa Clara Superior Court from enforcing either statute. They raise similar arguments and request similar relief with respect to the order entered by Judge Rushing on July 15,1986, appointing Munn receiver, as well as a subsequent order entered by Judge Rushing on September 29, 1986, modifying the July 15, 1986, order. They also seek an injunction precluding appellees from prosecuting: (1) Munn, Court Appointed-Receiver v. Lebbos, Lebbos, Rease and McCutcheon, an unlawful detainer action pertaining to the San Jose property; (2) Wooten v. Betsey Lebbos, Jonlyn Karr, and Aida Lebbos, a “Complaint for Failure of Garnishee to Deliver Attached Property and Fraudulent Conveyance,” also pertaining to the San Jose property; and (3) from enforcing the judgment in the original proceeding, Leb-bos v. Wooten. Appellants base their request for an injunction in each of these actions on the unconstitutionality of sections 708.620 and 568 and the orders relating to the appointment of Munn. Appellants allege various constitutional claims under 42 U.S.C. § 1983 (1982) against Miller, Grilli, Keene, Wharton, Spradlin, Wooten, and Munn (private defendants) for which they seek compensatory and punitive damages.2

[813]*813The district court granted appellees’ motion to dismiss with leave to amend on April 14, 1987. The court dismissed with prejudice the claims against the unnamed judges, concluding that the complaint failed to allege any facts demonstrating the judges were actively involved in appellants’ proceedings. The court also dismissed any claims for damages against the named judges finding them immune from liability. The court abstained from reaching the appellants’ claims for injunctive and declaratory relief against the individual judges and constitutional claims against the other appellees under Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971). The court concluded that appellants had the opportunity to present their federal claims in the state proceedings, that they offered no evidence that the judges acted in bad faith in the state proceedings, and that the challenged statutes did not flagrantly violate express constitutional prohibitions. Appellants amended their complaint, but it was dismissed again by the district court. The court held that the amended complaint failed to rectify the deficiencies in the original complaint. The court also held that the complaint' failed to state a claim for relief under section 1983. This appeal followed.3 The district court had jurisdiction under 28 U.S.C. §§ 1331, 1343 (1982),4 and we have jurisdiction under 28 U.S.C. § 1291

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Bluebook (online)
883 F.2d 810, 1989 U.S. App. LEXIS 12778, 1989 WL 98461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lebbos-v-judges-of-the-superior-court-santa-clara-county-ca9-1989.