Edwards

In this habeas corpus proceeding, Roland Edwards, Pat Edwards, Linda Martin, Terry Martin, and Shavin Kingsmere *175 Kennels (collectively referred to as petitioners) challenge the order of the superior court finding them in contempt for their failure to comply with a writ of possession directing them to transfer possession of a championship show dog to Dr. Patricia Walters. Petitioners contend they were relieved of the obligation to deliver possession of the dog because they filed a “counterbond” pursuant to Code of Civil Procedure section 515.020. 1 For the reasons that follow, we direct the superior court to vacate its order holding petitioners in contempt.

Procedural and Factual History

On April 5, 1990, Dr. Patricia Walters filed a complaint against petitioners, alleging a cause of action “for possession of personal property and for damages.” 2 The complaint alleged as follows.

On September 10, 1988, Walters purchased from petitioners for $600 a female English Bull Terrier named Shavin Kingsmere Notty Nada (whom we take the liberty hereinafter of referring to as Nada). 3 The parties orally agreed that petitioners would exhibit Nada in dog shows which the parties…