Advance Transformer Co. v. Superior Court

As the return of respondent superior court states: “The instant petition presents an issue of first impression in this state” respecting the availability of the remedy of attachment in actions against individual guarantors of the obligations of business corporations and accommodation makers of notes evidencing their business debts, under the provisions of Code of Civil Procedure sections 537.1 and 537.2.

Petitioner, a supplier of transformer components used in fluorescent lighting fixtures, brought suit against defendant Supreme Lighting Co., Inc. (hereinafter referred to as “Supreme Lighting”) and Joseph and Margeiy Shapiro (real parties in interest) upon a note in the principal sum of $108,410.27. The promissory note was executed by both of the Shapiros in behalf of “Supreme Lighting Co., Inc., Maker,” as its president and secretary respectively, and by “Joseph Shapiro, Maker,” and “Margeiy A. Shapiro, Maker,” individually.

Petitioner applied for an attachment pursuant to section 538 of the Code of Civil Procedure. A notice of hearing was issued pursuant to section 538.1 and thereafter a hearing was conducted pursuant to section 538.4. The primary issue at the hearing…