Skolsky

This action against the surety on a release of attachment undertaking resulted in a summary judgment for plaintiff, in the amount of $50,000 plus interest, from which defendant appeals. This is the undertaking which was given to release the attachment in Skolsky v. Electronovision Productions, Inc., ante, p. 246 [ 62 Cal.Rptr. 91 ] 2 CIV 30504.

The complaint in the instant action states in substance as follows: In March 1965 plaintiff commenced an action against Electronovision and obtained an attachment of some property of the latter. That property was released pursuant to an undertaking by defendant National Automobile and Casualty Insurance Co. On September 2, 1965, a judgment was entered in favor of plaintiff and against Electronovision in the amount of $81,166.70. Plaintiff has demanded payment of $50,000 by National, but National has refused to pay.

Two formal omissions from the complaint must be disposed of before we reach the substance of the matter.

First, although the complaint alleges that “A copy of said undertaking marked Exhibit A is attached hereto. . . .” there is no Exhibit A. We assume this was an oversight. The trial court and the attorneys were aware that…