Modern Management Method v. Superior Court

Petitioners have filed a petition for an alternative and peremptory writs of prohibition prohibiting the superior court from executing an order dissolving attachment entered October 7, 1971, and stayed until October 12, 1971. The superior court entered its order dissolving attachment on the authority of Randone v. Appellate Department, 5 Cal.3d 536 [ 96 Cal.Rptr. 709 , 488 P.2d 13 ]. Petitioners contend that; (1) Ran-done is not to be applied retroactively to permit the dissolution of writs of attachment levied prior to the date of that decision; and (2) in any event the facts of the case at bench bring it within a situation in which Randone declares attachment to be constitutionally permissible.

We conclude that petitioners’ contentions are without merit. Attachment is purely a creature of statute. (2 Witkin¡ Cal. Procedure (2d ed. 1970) Provisional Remedies, § 120 and cases there cited.) In Randone v. Appellate Department, supra, our Supreme Court held that Code of Civil Procedure section 537, subdivision 1, the California statute authorizing prejudgment attachment is unconstitutional. ( 5 Cal.3d 536, 541 .) It states ( 5 Cal.3d 536, 564 ) “California’s attachment…