Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)

Citation: Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)
Parent Document: Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)
Jurisdiction: California (state)
Effective Date: 1980-02-05
Original Source: https://www.courtlistener.com/opinion/2134128/stoiber-v-honeychuck/ ↗

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Appellant asks this court to adopt the approach of Vesely v. Sager (1971) 5 Cal.3d 153 [95 Cal.Rptr. 623, 486 P.2d 151] and United Farm Workers of America v. Superior Court (1975) 47 Cal.App.3d 334 [120 Cal.Rptr. 904] and find that Civil Code section 1941.1 and the Uniform Housing Code (Cal. Admin. Code, tit. 25, ch. 1) which establish standards for habitability of housing, fix as a matter of law the duty of care owing by a landlord to his tenant which would support a common law action in negligence. In Vesely v. Sager, supra, 5 Cal. 3d 15 3,4 the Supreme Court held that Business and Professions Code section 25602 which makes it a misdemeanor to furnish an alcoholic beverage to an obviously intoxicated person would support a duty of care, and the attendant standard of conduct required of a reasonable man even though the legislative enactment did not provide for civil liability. In United Farm Workers of America v. Superior Court, supra, 47 Cal.App.3d 334, this court held that Labor Code sections 1011 and 1012 making it a misdemeanor to misrepresent by label or otherwise that union labor was employed in the manufacture, production or sale of a product would support under proper allegations civil damages even though the statutes did not provide for civil liability.

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