Mihans v. Municipal Court

Opinion

MOLINARI, P. J.

In this proceeding in which we issued an alternative writ of prohibition, petitioners challenge the constitutionality of Code of Civil Procedure section 1166a, 1 insofar as it authorizes the issuance of a prejudgment writ of immediate possession pending the hearing on the merits in an unlawful detainer action. They contend that such procedure deprives them of property without due process of law and denies them the equal protection of the law.

Petitioners are tenants in possession of certain premises in Berkeley pursuant to oral month-to-month tenancies. On February 6,…