In Adams v. Southern California First National Bank, 492 F.2d 324 (9th Cir. 1973) the Court held that a private person's use of the self-help repossession provisions of the Uniform Commercial Code, as adopted by the state of California, did not amount to action 'under color' of state law, and that therefore a due process challenged to the repossession statutes failed to state a federal cause of action. 492 F.2d at 329. The opinion warned that '(s)tatutes and laws regulate many forms of purely private activity, such as contractual relations and gifts, and subjecting all behavior that conforms to state law to the Fourteenth Amendment would emasculate the state action concept.' 492 F.2d at 330--31. The existence of a state statute authorizing certain private action 'is not the final answer to the touchstone of state action.' 492 F.2d at 330. Equating the 'under color' requirement of 1983 with the state action requirement of the Fourteenth Amendment, Adams gauged the repossession activity by the 'significant state involvement' test derived from Burton v. Wilmington Parking Authority, 365 U.S. 715, 81 S.Ct. 856, 6 L.Ed.2d 45 (1961), and Moose Lodge No. 107 v. Irvis, 407 U.S. 163, 92 S.Ct. 1965, 32 L.Ed.2d 627 (1972). 492 F.2d at 330--31. Because the statute in Adams merely codified a right already present in the common law, 492 F.2d at 330, and because the right involved, arising from a written contract, was essentially 'a private remedy rather than a (delegated) state power,' 492 F.2d at 336, the involvement of the state in enacting the statute was found not significant. On the latter ground Hall v. Garson, supra, was distinguished; the authority exercised under the Texas landlord's lien statute was found to be of a type which 'was normally exercised by the State and had historically been a function of the State of Texas.' 492 F.2d at 336.