Carlos Melara v. James J. Kennedy

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 Melara’s household goods with Kennedy Van and Storage Company (Kennedy). Melara was not notified of the storage until he received a bill on March 15, 1973, for $227.00. That amount represented packing, moving and storage costs.

Disgruntled, Melara approached Boyd, who offered to pay storage costs prior to March 15, 1973, but not the packing and moving costs. Melara rejected this offer. He then attempted to reach an accord with Kennedy limiting his liability to storage costs accruing after. March 15, 1973, but Kennedy refused those terms.

Because of alleged confusions in billing, Melara made no payment to Kennedy until July of 1974. A month prior to the payment, however, Kennedy…