HighWired Technologies v. Sup. Ct.
Petitioner is the defendant in an action filed by real party in interest Palm Associates (Palm) to collect payment for Palm’s software development services. The superior court issued a right to attach order that included a provision requiring petitioner to turn over all of its computer equipment to the levying officer. Petitioner filed a petition for writ of mandate challenging the validity of the turnover order on the ground that a turnover order is not authorized for the property of a going business. This court issued a temporary stay of the turnover order and requested preliminary opposition from Palm. The parties subsequently entered into a stipulation and proposed order in which they agreed that the turnover order would have no force and effect and that petitioner had no obligation to transfer possession of its computer equipment. Thus, Palm has implicitly conceded that the writ relief sought by petitioner should be granted. Court found the concession appropriate and that no purpose could reasonably be served by plenary consideration of the issue. Therefore, court issued a peremptory writ in the first instance directing the superior court to vacate the turnover order.
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