Problem.Enforcement of judgment.2

     RealProCo ("RPC"), a real estate development company, has discontinued its business because of a continuing slump in the real estate market. Prior to discontinuing business, it suffered a $100,000 judgment for fraud in favor of Len Barrows (Barrows). Immediately following entry of judgment, Barrows retained his lawyer to enforce the judgment. Barrows' lawyer, believing that RPC had an interest in real property located in the County of San Francisco and an interest in other real property located in the County of Los Angeles, caused an Abstract of Judgment to be recorded with the County Recorder in each of those two counties.

     A month after entry of the Barrows judgment, Barrows' lawyer delivered a Writ of Execution to the sheriff of San Diego County with instructions to levy on a parcel of real property, located in San Diego County, owned by RPC. One day after the Writ was delivered to the sheriff, RPC executed and delivered a grant deed conveying RPC's fee simple interest in the same San Diego County real property to Mr. Bill Carder in partial satisfaction of a $200,000 debt owed by RPC to Mr. Carder. Mr. Carder didn't get around to recording the deed for a few weeks. The real property, worth approximately $100,000, was unencumbered by any consensual or statutory liens. The sheriff of San Diego County levied the Writ a few days after having received the instructions to levy from Mr. Barrows' lawyer.

     Having been served with the Writ and a Notice of Levy, Mr. Carder brought an appropriate motion in the court from which the Writ was issued to quash the Writ. Should the motion be granted? Will the malpractice carrier for Mr. Barrows' lawyer be interested in the court's ruling? Does your answer to the preceding question depend upon the nature of RPC's interest in real property located in San Francisco and Los Angeles, upon the value of any such real property, upon the amount of debt, if any, previously secured by any such real property?