Arcata Publications Group v. Beverly Hills Publishing Co.

Opinion

FEINERMAN, P. J.

Plaintiff, Areata Publications Group, appeals from an order granting intervener, Bank of America’s, motion to discharge a writ of attachment.

Plaintiff’s appeal presents a question of first impression concerning the statutory requirements necessary to extend an attachment lien under Code of Civil Procedure section 488.510.

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[278]

Facts

The operative facts are not disputed. In February 1979, plaintiff filed a complaint against defendants, Beverly Hills Publishing Company, Inc., J. D. Interest, Inc., Jean D. Herbert and Drew D. Herbert, alleging breach of contract, common counts and liability based on a continuing guarantee.

On June 5, 1979, plaintiff obtained a writ of attachment to secure the amount of $100,138.73, and on June 27, 1979, a copy of the writ and notice of attachment was recorded in the office of the Los Angeles County Recorder, attaching certain specified pieces of property in the name of defendant J. D. Interest, Inc. (hereafter, the attached property). On November 30, 1979, the attached property was transferred from defendant J. D. Interest, Inc. to defendant Jean D. Herbert, a shareholder in J. D. Interest, Inc.

On October 19, 1981, defendant, Jean Herbert executed a note in the amount of $280,000, secured by a deed of trust on the attached property in favor of intervener, Bank of America..

On April 22, 1982, defendants Jean D. and Drew D. Herbert executed another deed of trust on the attached property in favor of S.L.G.H. Investments, Inc. to secure a $350,000 loan.

On May 5, 1982, plaintiff filed a motion to extend its lien of attachment on the attached property for a period of one year pursuant to section 488.510. On May 19, 1982, the trial court granted plaintiff’s motion. On May 25, 1982, plaintiff filed notice of the trial court’s order extending the attachment in the office of the superior court clerk.

On December 1, 1982, intervener, Bank of America, filed a motion to discharge writ of attachment as to defendant’s real property on the ground that plaintiff’s failure to record the order extending the writ of attachment rendered “the Writ void and of no further force or effect.”