Legal Opinion
Western Steel & Ship Repair, Inc. v. RMI, Inc.
California Court of Appeal
Decided January 17, 1986No. D003934PublishedCited by 12 opinions
1Opinion of the Court
Opinion
KREMER, P. J.
RMI, Inc. (RMI) appeals from the trial court order denying its motion to quash a writ of attachment and release the attached property.
In this case the plaintiff obtained an ex parte prejudgment writ of attachment which, although a valid attachment, should not have been issued ex parte. The relevant statutes permit a prompt challenge to the writ of attachment, but forbid review of whether it should have been issued without notice. Although this procedure provides no remedy for the trial court error of unnecessary ex parte issuance of an attachment writ, nevertheless we have…
2Cases cited10 opinions
- Addison v. State of CaliforniaCalifornia Supreme Court · 1978
- Randone v. Appellate DepartmentCalifornia Supreme Court · 1971
- Bloniarz v. RolosonCalifornia Supreme Court · 1969
- Loeb & Loeb v. Beverly Glen Music, Inc.California Court of Appeal · 1985
- Arc Investment Co. v. TiffithCalifornia Court of Appeal · 1958
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3Cited by12 opinions
- Cottle v. Superior CourtCalifornia Court of Appeal · 1992
- Peat, Marwick, Mitchell & Co. v. Superior CourtCalifornia Court of Appeal · 1988
- Topa Ins. Co. v. Fireman's Fund Ins. CompaniesCalifornia Court of Appeal · 1995
- Warren v. SchecterCalifornia Court of Appeal · 1997
- Hobbs v. WeissCalifornia Court of Appeal · 1999
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