Atiya

Independent Plumbing Co., Inc. appeals from an order denying a lien on a cause of action in which appellant’s judgment debtor (Atiya) is plaintiff. A motion by appellant “For an Order for Lien in Cause of Action” was submitted on declarations which established that appellant had obtained a judgment against Atiya in a Fresno municipal court action in the sum of $3,500. This judgment remained unsatisfied, wherefor appellant moved pursuant to section 688.1 of the Code of Civil Procedure for a lien on and the right to intervene in Atiya’s pending superior court action in order to obtain satisfaction from any recovery which might accrue to Atiya. The motion was denied.

The record contains no evidence supporting denial of the motion other than the following statement (appearing in identical separate declarations executed by counsel for two defendants in the San Mateo County action): “[I]n the opinion of declarant, the imposition of a lien will make settlement discussions virtually impossible.”

Appellant contends that the trial court’s order denying appellant the lien claim was an abuse of discretion. First, it is argued that there was no evidence supporting the order;…