Klim

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

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 (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 personal property may become subject to the innkeeper’s lien prior to any hearing on the matter.

II. FACTUAL BACKGROUND

The plaintiff works irregularly as a painter and has been so engaged for more than fifteen years. He has limited financial means and was receiving cash aid from the Department of Social Services of San Francisco on an emergency basis at the time this action was filed.

From about August 15, 1969, until September 15, 1969, plaintiff was a boarder in the Junior Tar Hotel, 3143-16th Street, San Francisco, California. During that time the rent was $10.00 per week, payable on the Friday of each week. Plaintiff paid…