International Typographical Union Negotiated Pension Plan v. Ad Compositors, Inc.

Opinion

ASHBY, J.

Plaintiff International Typographical Union Negotiated Pension Plan (the Plan) appeals from an order denying its application for a right to attach order and order for issuance for a writ of attachment. We find that the order is not appealable and accordingly dismiss the appeal.

In November of 1980, the Plan filed suit against defendant Ad Compositors to recover arrearages in pension plan contributions allegedly due the Plan as a third party beneficiary of a contract dated August 6, 1973, between Ad Compositors and Los Angeles International Typographical Union No. 174. According to the complaint, Ad Compositors’ accrued liability as of August 31, 1980, amounted to approximately $53,680. In its answer, Ad Compositors asserted as one of its defenses the existence of an agreement between itself and the Plan to settle the Plan’s claims for $25,000.

In March of 1982, the Plan filed an application seeking a writ to attach property of Ad Compositors in the sum of $55,269.39, the amount it asserted was the presently accrued liability under the contract. After a hearing, the trial court denied the application, finding the Plan had failed to demonstrate “that it will probably recover a judgment in a fixed or readily ascertainable amount.” (See Code Civ. Proc., § 483.010.) The Plan appealed.

[735]

We cannot consider the Plan’s various arguments seeking to reverse the trial court’s decision. Generally, a judgment or order is appealable only if the right to appeal it is expressly granted by statute.

(Skaff v. Small Claims Court

(1968) 68 Cal.2d 76, 78 [65 Cal.Rptr. 65, 435 P.2d 825].) The right to appeal from orders relating to attachments is limited by statute to orders “discharging or refusing to discharge” attachments that have already been executed. (Code Civ. Proc., §§ 904.1, subd. (e), 904.2 subd. (f).)

1

The only case to consider the matter concluded that “[t]here is no statutory right of appeal from an order denying an application for a writ of attachment.”