Film Packages, Inc. v. Brandywine Film Productions, Ltd.

The simple question presented on this appeal is whether the trial court may properly entertain and grant a second application by a plaintiff for a right to attach order, absent a showing of any facts materially different from those presented on a prior denied application. We hold that such an application may be entertained by the court.

On January 7, 1985, the first application for a right to attach order made by plaintiff and respondent Film Packages, Inc. (Film Packages or respondent) was denied. The court found that Film Packages had failed to establish the probable validity of its claim. Film Packages moved for reconsideration. The court did reconsider the matter, and this time received oral testimony from one witness. However, the court remained unpersuaded that Film Packages was more likely than not to prevail and found that it had once again failed to establish probable validity of its claim. The motion was thus again denied. Film Packages unsuccessfully sought a writ of mandate. Undaunted, and some seven months after the prior denials, Film Packages tried again. This time it was successful. Its second application for a right to attach order was granted on August…