Byard

National Automobile and Casualty Insurance Company appeals from the judgment entered against it following a non jury trial of an action brought by respondents upon an undertaking on attachment filed pursuant to section 539 of the Code of Civil Procedure.

In the prior action in which appellant’s undertaking was filed, respondents’ real property was attached and their motion to quash the attachment was denied. Thereafter a trial on the merits was concluded by a judgment in respondents’ favor. They were awarded their costs, which were paid. Subsequently they filed the instant action against appellant on its undertaking on attachment.

In seeking a reversal of the judgment, appellant makes the following assignment of error: “The trial court erred in awarding, as damages, a sum incurred by [respondents] for attorneys ’ fees in the defense of the action in which [appellant’s] undertaking on attachment was filed.”

This contention was definitely rejected by our Supreme Court in Reachi v. National Auto. & Cas. Co., 37 Cal.2d 808, 811-813 [ 236 P.2d 151 ], It was decided therein that California would adopt the prevailing rule, namely, that attorney’s fees incurred in the defense of the…