Johnston v. Cunningham

Opinion

FRIEDMAN, Acting P. J.

This is an appeal from an order sustaining a release of attachment by the constable and “allowing” a third party claim.

The problem centers on that provision of the first paragraph of Code of Civil Procedure section 689, which permits the levying officer to release personal property from a levy after a third party claim has been made “unless the plaintiff . . . within five days after written demand by such officer, made by registered or certified mail within five days after being served with such certified claim, gives such officer an undertaking . . .

Here…