BROWN v. SUPERIOR COURT

No. C044894.

9 Cal.Rptr.3d 912 (2004)

116 Cal.App.4th 320

Michael E. BROWN, Petitioner, v. The SUPERIOR COURT of Sacramento County, Respondent; Cyclon Corporation et al., Real Parties in Interest.

Court of Appeals of California, Third District.

Review Denied May 19, 2004.


Attorney(s) appearing for the Case

The Law Office of Michael E. Brown and Michael E. Brown for Petitioner.

No appearance for Respondent.

Campeau, Goodsell & Smith and William J. Healy, San Jose, for Real Party in Interest Cyclon Corporation.

No appearance for Real Party in Interest Vortran Medical Technology, Inc.


ROBIE, J.

This case raises the question of how and where a conflict between a creditor claiming a judgment lien under Code of Civil Procedure1 section 708.410 et seq. (sometimes the judgment lien statutes) and an attorney claiming a contractual lien on the proceeds of the same judgment is to be resolved. Specifically, can an attorney lien claimant, over the objection of the judgment creditor, appear in the client's underlying action for...

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