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LEBBOS v. JUDGES OF SUPER. CT., SANTA CLARA COUNTY

No. 87-2105.

883 F.2d 810 (1989)

Aida Madeleine LEBBOS; Garth Rease; C. Jonlyn Karr; Betsey Warren Lebbos; Genyses Corporation, Plaintiffs-Appellants, v. JUDGES OF the SUPERIOR COURT, SANTA CLARA COUNTY; Conrad Rushing, Judge of the Santa Clara Superior Court; Jack Komar, Judge of the Santa Clara Superior Court; Peter Stone, Judge of the Santa Clara Superior Court; John Miller; Mary Ann Grilli; V. Timothy Keene; Lisa Wharton; Jeradlin Spradlin; Linda Wooten; Alan Munn, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 28, 1989.

Attorney(s) appearing for the Case

Betsey Warren Lebbos, San Jose, Cal., for plaintiffs-appellants.

Vanessa Ann Zecher, Deputy County Counsel, San Jose, Cal., John Miller, Palo Alto, Cal., for defendants-appellees.

Before POOLE, FERGUSON and WIGGINS, Circuit Judges.

WIGGINS, Circuit Judge:

Appellants appeal the district court's dismissal of their suit for failure to state a claim and based on the Younger abstention doctrine. This action springs from the appointment by Santa Clara Superior Court Judge Conrad Rushing of appellee Alan Munn as receiver to aid in the collection of a judgment rendered in favor of appellee Linda Wooten against appellant Betsey Lebbos. Appellants challenge the constitutionality of Cal.Civ.Proc...

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