Goldie's Bookstore, Inc. v. Superior Court of California
District Court, E.D. California
1Opinion of the Court
*384MEMORANDUM OPINION AND ORDER
RAMIREZ, District Judge.
The matter is presently before the Court on the parties’ cross-motions for summary judgment. The substantive issue raised by these motions is the constitutionality of Section 1176(a) of the California Code of Civil Procedure, which provides for discretionary stays during the pendency of appeals from unlawful detainer judgments. Although the Court does not find that Section 1176(a) is unconstitutional on its face, it finds that it is unconstitutional as applied. Accordingly, the Court DENIES defendants’ motion for summary judgment, and GRANTS…
2Cases cited20 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
- Lindsey v. NormetSupreme Court of the United States · 1972
- Donald W. Keniston v. Richard L. Roberts, Bendt A. Pedersen, Vince Hecox, the County of San Bernardino, and Southern California Edison CompanyCourt of Appeals for the Ninth Circuit · 1983
- Owen v. United StatesCourt of Appeals for the Ninth Circuit · 1983
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3Cited by2 opinions
- Goldie's Bookstore, Inc. v. The Superior Court Of CaliforniaCourt of Appeals for the Ninth Circuit · 1984
- Goldie's Bookstore, Inc. v. Superior CourtCourt of Appeals for the Ninth Circuit · 1984