Klim v. Jones

Opinion and Order Granting Plaintiff’s Motion for Partial Summary Judgment

GERALD S. LEVIN, District Judge.

I. STATEMENT OF THE CASE

This action arises from plaintiff’s complaint to enjoin the violation of plaintiff’s civil rights, for damages, and for declaratory relief, filed on September 30, 1969. Plaintiff now moves for partial summary judgment declaring California Civil Code § 1861 1 (Innkeeper’s Lien Law) unconstitutional in that it permits the taking of property without due process of law. More specifically, plaintiff points to the fact that under Section 1861, all of a boarder’s 2…