Arcturus Manufacturing Corp. v. Superior Court

Petitioner herein seeks a writ of prohibition to restrain respondent court from enforcing its order which (a) releases from petitioner’s attachment certain personal property of Elwood and Jacquelyn Rork, the real parties in interest herein, and (b) provides that petitioner “may not subsequent to July 22, 1963, pursue the remedy of attachment against the personal property of said defendants Elwood C. Rork and Jacquelyn Rork heretofore attached on July 22,1960, and on July 22,1963, as above mentioned. ”

On July 22, 1960, petitioner filed an action seeking recovery of an alleged indebtedness of $120,000. With the filing of the complaint, petitioner also sought and obtained the issuance of a writ of attachment in like amount. The sheriff, in execution of said writ, levied upon an indebtedness of $12, 754.92 owed to the Rorks by the Precision Forge Company, and $5,051.03 owed to them by the Security-First National Bank of Los Angeles.

On July 22, 1963, the action not yet having been brought to trial, petitioner obtained the issuance of an alias writ of attachment pursuant to section 559% of the Code of Civil Procedure and caused a levy thereunder to be made upon the identical…