VIP AGENCY OF NO. CAL. v. Duffy Electronics

92 Cal.App.3d 849 (1979) 155 Cal. Rptr. 45 V.I.P. AGENCY OF NORTHERN CALIFORNIA, INC., Plaintiff and Respondent,

v.

DUFFY ELECTRONICS, INC., Defendant; HIGHLANDS INSURANCE COMPANY OF HOUSTON, TEXAS, Objector and Appellant.

Docket No. 45614. Court of Appeals of California, First District, Division Four.

April 19, 1979. [851] COUNSEL

Anderson, McPharlin & Conners and Eric Winter for Objector and Appellant.

Crist, Crist, Griffiths, Bryant, Schulz & Biorn and Roger E. Crist for Plaintiff and Respondent.

No appearance for Defendant.

OPINION

CHRISTIAN, J.

Highlands Insurance Company of Houston, Texas appeals from a judgment rendered against it as surety on a bond to release attachment. On September 12, 1977, the V.I.P. Agency of Northern California, Inc., (V.I.P.) filed in the superior court (Santa Clara) a complaint against Duffy Electronics, Inc., (Duffy) seeking recovery of $10,200 allegedly due for services rendered in procuring two workers for employment by Duffy.

At the instance of V.I.P., the court issued a writ of attachment which authorized sequestration of two assets: funds on deposit in Duffy's account at the Wells Fargo Bank, and an account receivable of Duffy (payable by Atari, Inc.). The attachment was released when Duffy presented an undertaking pursuant to Code of Civil Procedure section 489.310[1] in the amount of $10,200.

[852] Duffy answered, admitting liability in the amount of $5,903.89. The parties, on December 12, 1977, stipulated for judgment in the amount of $7,000 on the condition that execution be stayed pending payment of the judgment in installments: $2,500 by December 22, 1977, and $1,000 monthly beginning February 1, 1978, and continuing until the balance was paid.