Bookasta
Bookasta v. Hartford Accident & Indemnity Co.
Opinion
Opinion
Compton, J.
Does the holding of Randone v. Appellate Department, 5 Cal.3d 536 [ 96 Cal.Rptr. 709 , 488 P.2d 13 ], that Code of Civil Procedure section 537.1 (prejudgment attachment) is unconstitutional, render an undertaking filed in support of a prejudgment attachment prior to that decision void and thus unavailable to satisfy a debtor who was damaged by such attachment?
The question appears to have been, as yet, unanswered by any appellate court in this state. The trial court here answered the question in the affirmative. We disagree.
In July of 1966, one Engelman brought suit against E. H. Bookasta, plaintiff herein, for damages exceeding $100,000 on an alleged guarantee of a promissory note. After filing his action Engelman procured an ex parte issuance of a writ of attachment pursuant to the provisions of Code of Civil Procedure section 537.1. Defendant Hartford Accident and Indemnity Company (Hartford) issued its undertaking on attachment as required by Code of Civil Procedure section 539. Substantial assets of Bookasta were seized and attached.
Bookasta moved to discharge the writ of attachment and release the levy. That motion was denied and the order of denial was…