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California Civil Procedure, Keyed to Levine, 6th Ed.
Western Steel and Ship Repair, Inc. v. RMI, Inc.
Citation:
176 Cal. App. 3d 1108, 222 Cal. Rptr. 556 (1986)Facts
Western Steel and Ship Repair, Inc. was a subcontractor to RMI, Inc. on a vessel overhaul project for the United States Navy. When RMI allegedly failed to pay amounts owing under the subcontract, Western filed a breach of contract action on October 16, 1985. On the same day, Western obtained an ex parte writ of attachment by submitting declarations stating that RMI was in precarious financial condition, had told Western it did not presently have money to pay the claim, and would likely conceal its assets if given notice of the attachment proceeding. The writ was levied against $45,510 in RMI’s bank account on October 17, causing RMI’s payroll checks to be dishonored. RMI learned of the attachment that afternoon and immediately sought to quash it, arguing that Western’s showing of great or irreparable injury was insufficient and that the ex parte procedure violated due process.
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