Wright

Wright v. Standard Engineering Corp.

Good Law
104 Cal. Rptr. 539·1972 Cal. App. LEXIS 752·28 Cal. App. 3d 244
Court of Appeal of CaliforniaOctober 24, 1972Civ. No. 39623California1,774 words

Opinion

Lead Opinion

Cole, J.

This appeal presents a narrow question concerning priority of claims between plaintiff-appellant Martha H. Wright on the one hand and respondent State Board of Equalization on the other hand.

The common debtor was Standard Engineering Corporation. In February of 1965 plaintiff sued Standard on a note and. two days later caused a writ of attachment to be levied on the funds of Standard in the possession of First Western Bank in Los Angeles and upon, all of the assets of Standard at its Los Angeles County place of business.

Thereupon, Standard, another defendant in the action below not involved in this appeal, and plaintiff stipulated to the appointment of a receiver “. . . as an alternative to the attachment proceedings in effect,” the receiver to take charge of all of the assets of Standard, wherever they were situated. An appropriate court order appointing a receiver was issued.

On June 9, 1965, respondent recorded, a certificate in Los Angeles County with respect to unpaid sales and use taxes of Standard. In August of 1965, plaintiff secured judgment against Standard.

In June of 1966, respondent obtained a warrant levying upon the account of Standard in Los Angeles…

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