What is the effect of section 38905 and section 38904 of Chapter 6 of the California Code of Civil Procedure on the constitution?

California, United States of America


The following excerpt is from Coffee-Rich, Inc. v. Fielder, 104 Cal.Rptr. 252, 27 Cal.App.3d 792 (Cal. App. 1972):

Since we have held sections 38905 and 38904 to be unconstitutional, we note section 38907 which provides for the severability of the various provisions of Chapter 6 in such an event. Our holdings on sections 38904 and 38905 do not invalidate the remainder of Chapter 6. (City of La Mesa v. Tweed & Gambrell Planing Mill, 146 Cal.App.2d 762, 771, 772, 304 P.2d 803.)

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