Legal Opinion
Bookasta v. Hartford Accident & Indemnity Co.
California Court of Appeal
Decided March 19, 1975No. Civ. 44361PublishedCited by 6 opinions
1Opinion of the Court
Opinion
COMPTON, J.
Does the holding of Randone v. Appellate Department, 5 Cal.3d 536 [96 Cal.Rptr. 709, 488 P.2d 13], that Code of Civil Procedure section 537.1 (prejudgment attachment) is unconstitutional, render an undertaking filed in support of a prejudgment attachment prior to that decision void and thus unavailable to satisfy a debtor who was damaged by such attachment?
The question appears to have been, as yet, unanswered by any appellate court in this state. The trial court here answered the question in the affirmative. We disagree.
In July of 1966, one Engelman brought suit against E.…
2Cases cited14 opinions
- Chicot County Drainage District v. Baxter State BankSupreme Court of the United States · 1940
- Norton v. Shelby CountySupreme Court of the United States · 1886
- Randone v. Appellate DepartmentCalifornia Supreme Court · 1971
- Warring v. ColpoysCourt of Appeals for the D.C. Circuit · 1941
- Roystone Co. v. DarlingCalifornia Supreme Court · 1915
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3Cited by6 opinions
- Perkins v. EskridgeCourt of Appeals of Maryland · 1976
- O'Connor v. Old Republic Surety Co.California Court of Appeal · 1996
- Wagshal v. SeligDistrict of Columbia Court of Appeals · 1979
- Blankenship v. Minton Chevrolet, Inc.West Virginia Supreme Court · 1979
- First v. ArmesCalifornia Court of Appeal · 1983
1 more not listed; retrieve them via the Exa API.