Jordan-Lyon Productions, Ltd. v. Cineplex Odeon Corp.

Plaintiff Jordan-Lyon Productions, Ltd. (J-L) appeals from summary judgment granted in favor of defendant Cineplex Odeon Corporation (Cineplex) on plaintiff’s complaint for damages based on allegations that Cineplex violated J-L’s lien rights under Code of Civil Procedure sections 491.440 and 491.460. The complaint alleges that in another action by J-L against New Visions Entertainment Corporation (NVEC), not a party to this action, J-L obtained a right to attach order and writ of attachment against NVEC for $99,732.40, and an order granting J-L an attachment lien on any arbitration award in a pending arbitration between Cineplex and NVEC. J-L alleges that Cineplex had notice of the lien and violated J-L’s lien rights by entering into a settlement of the arbitration with NVEC by agreeing to issue to NVEC 1.6 million shares of Cineplex stock without the written consent of J-L and without a court order. The issue on this appeal is whether the trial court properly granted summary judgment in favor of Cineplex on the ground that the arbitration was not an action or special proceeding within the meaning of Code of Civil Procedure section 491.410 et seq., so that the purported…