Reynolds v. Tufenkjian
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In this case involving the extent to which a judgment debtor's rights of action are subject to execution to satisfy a judgment the Supreme Court held that a judgment debtor's claims that are unassignable cannot be purchased at an execution sale.
Respondents filed a motion to substitute themselves in place of Appellants and to voluntarily dismiss this appeal because they purchased Appellants' rights and interests in the underlying action at a judgment execution sale. The Supreme Court denied the motion in part and granted the motion in part, holding (1) because Appellants' claims for fraud and elder exploitation were personal in nature, they were not assignable and not subject to execution at a sheriff's sale, and therefore, Respondents did not purchase the rights to these claims at the execution sale; and (2) Appellants' claims of negligent misrepresentation and breach of contract were assignable and subject to execution, and therefore, this appeal is dismissed as to these claims.
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