Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (161)

Full Text

573 chars
Finally, we observe that our holding that Civil Code section 1714 may be used as a springboard for a tenant’s negligence action against his landlord for failure to maintain the premises in a habitable condition accords with the statement of Mr. Justice Stone that the body of the statutory law is “both a declaration and a source of law, and [may be used] as a premise for legal reasoning.” (The Common Law in the United States (1936) 50 Harv.L.Rev. 4, 13; see Rest.2d Property (1977) (Landlord & Tenant) Introduction, p. VII.) The Cause of Action for Constructive Eviction