Thayer v. Madigan

[18]

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 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 and unreasonable. In determining this issue, both state and federal courts must choose between two possible tests. The first is the “basic and conventional standard for reviewing economic and social welfare legislation.” It “invests legislation involving such differentiated treatment with a presumption of constitutionality and ‘requires merely that distinctions drawn by a challenged statute bear some rational relation to a conceivable legitimate state purpose.’ ”

(D’Amico

v.

Board of Medical Examiners,

11 Cal.3d 1, 16 [112 Cal.Rptr. 786, 520 P.2d 10].) But a more stringent test is offered in cases involving a “suspect classification” or touching upon “fundamental interests.” Under this strict scrutiny test, “the state bears the burden of establishing not only that it has a compelling interest which justifies the law but that the distinctions drawn by the law are necessary to further its purpose.”