Randone v. Appellate Department

Opinion

TOBRINER, J.

For more than a century California creditors have enjoyed the benefits of a variety of summary prejudgment remedies, and, until recently, the propriety of such procedures has gone largely unchallenged. In June 1969, however, the United States Supreme Court in Sniadach v. Family Finance Corp. (1969) 395 U.S. 337 [23 L.Ed.2d 349, 89 S.Ct. 1820], concluded that a Wisconsin prejudgment wage garnishment statute violated a debtor’s right to procedural due process, by sanctioning the “taking” of his property without affording him prior notice and hearing. The force of the…