Connolly Development, Inc. v. Superior Court

I respectfully dissent. Neither the California mechanics’ lien law (Civ. Code, § 3109 et seq.) nor the stop notice procedures applicable to private construction (id, § 3156 et seq.) meet the due process requirements of the United States Constitution as recently interpreted by the federal Supreme Court and by us. Both creditor’s remedies fail to afford those minimal protections currently mandated and are, in my view, unconstitutional under the reasoning of federal and state decisions following the important case of Sniadach v. Family Finance Corp. (1969) 395 U.S. 337 [23 L.Ed.2d 349, 89 S.Ct.…