Abatti

Appellants (Eldridges) were sued by the Abattis for specific performance of an option contract on real property. The option agreement required Abattis to pay Eldridges a purchase price of $246,500. Eldridges were also the judgment debtors of Louis L. Lanza (respondent) on a judgment rendered by the San Bernardino County Superior Court in 1976. The Bank of America (Bank) holds a trust deed on the subject property to secure a loan in the amount of $1.3 million. The Bank was named as a defendant in Abattis’ suit but later dismissed. Lanza’s judgment was unpaid and he by motion, brought pursuant to Code of Civil Procedure section 688.1, sought to impose a lien to the extent of his unpaid judgment on any monies Eldridges may recover from Abattis in this lawsuit. The trial court granted Lanza’s motion for lien and Eldridges appeal.

I

The precise question presented by this appeal is the validity of that grant of lien. It is first contended that judgment debtor-defendant Eldridges had no “cause of action” upon which the court could impose a lien.

Section 688.1, subdivision (a) (with exceptions not here applicable) provides in part: “[U]pon motion of a judgment creditor of any…