In a wrongful attachment action for damages for economic loss sustained as a result of wrongful attachment, what are the costs incurred in defending the underlying action?

California, United States of America


The following excerpt is from Burke v. Superior Court of Sacramento County, 455 P.2d 409, 71 Cal.2d 276, 78 Cal.Rptr. 481 (Cal. 1969):

In a suit for damages for economic loss sustained as a result of a wrongful attachment, expenses incurred in successfully defending the underlying action on its merits are recoverable only upon allegation and proof that relief from the attachment could only be achieved by such a defense and not by any pretrial motion or proceeding based on one of the grounds just mentioned. (Reachi v. National Auto. & Cas. Co., 37 Cal.2d 808, 811--813, 236 P.2d 151.) This is the import of an allegation, such as found in the complaint in the present case, that the attachment was 'valid and regular on its face.'

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