TURBINATOR, INC. v. SUPERIOR COURT

Docket No. E014949.

33 Cal.App.4th 443 (1995)

39 Cal. Rptr.2d 342

TURBINATOR, INC., Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; U.S. WINDTRICITY, INC., et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division Two.

March 23, 1995.


Attorney(s) appearing for the Case

COUNSEL

A. Peter Rausch, Jr., and Michael A. Fluetsch for Petitioner.

No appearance for Respondent.

Owens & Associates and Peter K. Owens for Real Parties in Interest.


OPINION

HOLLENHORST, Acting P.J.

In this matter we hold that a creditor whose security interest has lapsed retains priority rights against a subsequent purchaser which acquires its interest in the collateral with actual knowledge of the first creditor's interest. We therefore issue a writ commanding the trial court to grant petitioner's request for a preliminary injunction restraining real party from disposing of the collateral.<...

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