THAYER v. MADIGAN

Docket No. 35678.

52 Cal.App.3d 16 (1975)

125 Cal. Rptr. 28

HARRIET WHITMAN THAYER et al., Plaintiffs and Appellants, v. FRANK I. MADIGAN, as Sheriff, etc., et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

October 9, 1975.


Attorney(s) appearing for the Case

COUNSEL

Neyhart, Anderson & Freitas, Peter Nussbaum, Thomas F. Hyde, Alan F. Neckritz and Clifford Sweet for Plaintiffs and Appellants.

Richard J. Moore, County Counsel, and Ben H. Zuppan, Deputy County Counsel, for Defendants and Respondents.


OPINION

DRAPER, P.J.

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...

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