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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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Here, the tenants' recovery was not based on a duty independent of the lease. The trial court expressly awarded damages based on the landlord's breach of the warranty of habitability—a warranty that is implied in every lease. (See Green, supra, 10 Cal.3d at pp. 619, 627-629, 111 Cal.Rptr. 704, 517 P.2d 1168.) In addition, after the trial court ruled on the landlord's demurrer and motion to strike, the tenants were no longer seeking, or entitled to, tort relief on the habitability claim. We therefore see no basis for concluding that the landlord's liability was premised on a duty not arising out of the lease.