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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Fairchild v. Park, 109 Cal. Rptr. 2d 442 (2001)

Citation
Fairchild v. Park, 109 Cal. Rptr. 2d 442 (2001)
Parent Document
Fairchild v. Park, 109 Cal. Rptr. 2d 442 (2001)
Jurisdiction
California (state)
Effective Date
2001-07-19

Other Sections in This Document (144)

Full Text

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I recognize the trial court’s finding that the landlord had kept the “electrical system in a state of proven disrepair” appears possibly inconsistent with a determination that the home was habitable before the fire. (See Civ. Code, § 1941.1, subd. (e) [a dwelling is untenantable if the electrical wiring is not maintained in good working order].) The issue is one of degree: Was the electrical wiring in such disrepair that the nonpayment of rent was justified? (See Green v. Superior Court (1974) 10 Cal.3d 616, 635 [111 Cal.Rptr. 704, 517 P.2d 1168].)