Thayer

A California statute exempts from garnishment earnings of a debtor for personal services rendered within 30 days of levy (Code Civ. Proc., § 690.6, subd. (c)) except garnishment for debts incurred “for the common necessaries of life” (id, subd. (c)(1)). Plaintiffs, seven taxpayers of Alameda County, sought a declaration that this exception unconstitutionally deprives impoverished persons of equal protection of the laws. They also sought injunction against defendant Madigan, as sheriff and marshal, and against defendant municipal court, barring recognition or enforcement of the exception. At hearing on defendants’ demurrer to the complaint, the parties stipulated that there were no fact issues to be determined. Both sides moved for summary judgment, and submitted the matter after argument on those motions. Defendants’ motion for summary judgment was granted. Plaintiffs appeal.

Obviously, the statutes apply different treatment to those who incur debts for the “common necessaries of life” and those whose debts are incurred for other items. This distinction violates the equal protection clause only if the distinction results in a legislative classification which is arbitrary…