Legal Opinion

Carlos Melara v. James J. Kennedy

Court of Appeals for the Ninth Circuit

Decided October 8, 1976No. 74-2831PublishedCited by 34 opinions

1Opinion of the Court

OPINION

Before CHAMBERS and CHOY, Circuit Judges, and VAN PELT, * District Judge. CHOY, Circuit Judge:

The issue for consideration on this appeal is whether the extra-judicial sale of stored goods to enforce a warehouseman’s lien under California Commercial Code § 7210 is a deprivation, under color of state law, of the due process rights of the owner of those goods. The district court held that it is not. We affirm.

Facts

Carlos Melara’s home in San Francisco was sold by his conservator, Fluss, in 1972. In December of that year, either Fluss or Boyd, agent for the purchaser of the home, stored…

2Cases cited11 opinions

  1. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
  2. Jackson v. Metropolitan Edison Co.Supreme Court of the United States · 1974
  3. Burton v. Wilmington Parking AuthoritySupreme Court of the United States · 1961
  4. Moose Lodge No. 107 v. IrvisSupreme Court of the United States · 1972
  5. Claudine Hall v. Sylvia GarsonCourt of Appeals for the Fifth Circuit · 1970

6 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Flagg Bros., Inc. v. BrooksSupreme Court of the United States · 1978
  2. Robert Allen Howerton, and Roxanna Howerton v. Jess Gabica and Marjorie GabicaCourt of Appeals for the Ninth Circuit · 1983
  3. Myron S. Gritchen v. Gordon W. CollierCourt of Appeals for the Ninth Circuit · 2001
  4. Life Insurance Co. Of North America v. Martha Ellen Reichardt, Etc., Martha Ellen Reichardt v. Wesley J. KinderCourt of Appeals for the Ninth Circuit · 1979
  5. Collins v. WomancareCourt of Appeals for the Ninth Circuit · 1989

29 more not listed; retrieve them via the Exa API.

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