Charles Culbertson and Helen Culbertson, His Wife v. Alice Leland

I respectfully dissent.

In Adams v. Southern California First National Bank, 492 F.2d 324 (9th Cir. 1973), cert. denied, 419 U.S. 1006, 95 S.Ct. 325, 42 L.Ed.2d 282 (1974), this court rejected a due process challenge to the self-help repossession provisions of the Uniform Commercial Code. A number of theories had been advanced to establish state action in the statutory authorization of repossession, each of which we rejected. Our discussion in Adams of each of these proposed grounds for finding state action is, with one exception, equally applicable to our consideration of Arizona’s…