Khorsandi

Waffer International Corp. v. Khorsandi

Good Law
1999 Cal. App. LEXIS 112·69 Cal. App. 4th 1261·82 Cal. Rptr. 2d 241·99 Daily Journal DAR 1471·99 Cal. Daily Op. Serv. 1225
Court of Appeal of CaliforniaFebruary 16, 1999No. B114443California8,531 words

Opinion

Lead Opinion

Zebrowski, J.

This case concerns the defense of election of remedies in the context of attachment. The plaintiff (appellant on this appeal) obtained and levied a writ of attachment in a related but different case against a corporate defendant. The trial judge then ruled that plaintiff was barred by the election of remedies doctrine from pursuing tort remedies in this case against two individual defendants. The trial court thus granted summary judgment to the individual defendants (respondents on this appeal). In *1264 making this ruling, the trial court relied on Richmond Teachers Credit Union v. James F. Waters, Inc. (1960) 182 Cal.App.2d 110 [ 5 Cal.Rptr. 716 ].

Richmond has never been cited in any other reported decision, possibly because its statement of facts does not correspond to the law it applied. Despite Richmond’s use of the word “attachment,” the opinion factually describes a claim and delivery case. It is therefore off point for present purposes. Even if Richmond were considered an attachment case, there are significant distinctions between the attachment law in force at the time of Richmond and the attachment law in force now. At the time of the events in Richmond (the…

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