Thieme

Thieme v. Commercial Lighting & Maintenance Co.

Good Law
177 Cal. App. 2d 575·1960 Cal. App. LEXIS 2512·2 Cal. Rptr. 382
Court of Appeal of CaliforniaFebruary 1, 1960Civ. No. 18709California476 words

Opinion

Lead Opinion

Tobriner, J.

This appeal involves a contention of appellant that the trial court’s release of attachments in excess of an amount which amply secured appellant’s judgment cannot stand because appellant received no written prior notice of respondents ’ motion for such release. Appellant raises this argument although he was present in court when respondent made his oral motion to that effect and when the court quite properly granted it. There is nothing of merit in this appeal whatsoever.

*576 Prior to trial appellant, seeking to collect $4,835, garnished the following property of respondents: $5,319 deposited in First Western Bank; $279.38 deposited in Pacific National Bank; and $1,193.68 owed by F. K. Pinney and Company. Subsequently the court ordered a judgment for appellant and directed his attorneys to prepare findings of fact and conclusions of law. Counsel for both parties appeared at an informal hearing to determine these findings and conclusions. After ordering some amendments to them the judge signed a judgment for appellant in the sum of $4,010. According to appellant, thereupon respondents “orally and without any previous notice to the plaintiff, and without service of any papers…

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