Creditors' Remedies-Due Process Confession of Judgment in California after Isbell v. County of Sonoma

The latest development between debtors' due process rights and creditors' security interests is represented in the California Supreme Court opinion in Isbell v. County of Sonoma. The Court ruled that California's cognovit procedure failed to meet due process standards and has in essence challenged the U.S. Supreme Court to draw the line on extensions of the Sniadach-Fuentes debtor-protection rationale. In Isbell, the California Supreme Court found that the provisions of California's confession of judgment statute which relate to non-consumer transactions violate 14th amendment due process equipment requirements. The courts should not accept the proposition that due process rights can be waived by a signature alone while simultaneously recognizing the presumption against waier of constitutional rights. These are logically inconsistent.