Urich Oil Co. v. Crown Discount Department Stores

On April 26, 1968, Urich Oil Company (appellant) sued Crown Discount Department Stores (respondent) for breach of contract and currently attached the bank account. The attachment was released upon the filing of a bond by Seaboard Surety Company (surety) which provided that surety would pay to appellant the amount of any judgment appellant recovered up to $33,500.

The attachment procedure of which appellant availed itself was on August 26, 1971 held unconstitutional. (Random v. Appellate Department (1971) 5 Cal.3d 536 [ 96 Cal.Rptr. 709 , 488 P.2d 13 ].)

At a mandatory settlement conference held on November 24, 1971, the parties compromised appellant’s claim by a stipulation to enter judgment in favor of appellant for $22,000. On February 23, 1972, respondent was served with appellant’s notice of motion and motion for judgment. The next day respondent served appellant with a notice of motion and order to discharge and release levy of attachment and exonerate undertaking.

On March 6, 1972, the court entered judgment in favor of appellant in the sum of $22,000 plus interest and attorney’s fees. At the same time respondent’s motion was submitted, and on March 13, 1972, the…