San Diego Wholesale Credit Men's Ass'n. v. Superior Court
Opinion
Opinion
Whelan, J.
San Diego Wholesale Credit Men’s Association (petitioner) seeks a writ of mandamus compelling the superior court to order the clerk of that court to issue a writ of attachment in an action brought by petitioner against International Hotels Construction and Management, Inc. (International), real party in interest.
The hearing on the application for the writ was held on August 2, 1973. An order denying the application was filed August 7.
The complaint, in two causes of action, was upon the claim of Don H. Walters, doing business as Aluminum Tube Railing Company (Aluminum), in the amount of $40,211.56', for goods and services furnished to International for the construction of a hotel building, and the claim of Inter-City Soils, Inc., for soil testing on the same project, in the amount of $1,972. Both claims were assigned to petitioner for collection, with an authorization to file suit.
The statutes governing the issuance of prejudgment writs of attachment were amended substantially in 1972. Except as provided in Code of Civil Procedure section 538.5, the writ is to issue only upon a hearing had after notice given. (Code Civ. Proc., §§ 538.1, 538.2, 538.4.)