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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 669

Citation
Section 669
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

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The principal opinion states that we do not write upon a clean slate. This need be emphasized lest this court be accused of judicial legislation. Being faithful to precedent and to our judicial duty, the result herein is compelled. All of the judicial legislating has already been done in such opinions as Green v. Superior Court (1974) 10 Cal.3d 616 [111 Cal.Rptr. 704, 517 P.2d 1168] and Rowland v. Christian (1968) 69 Cal.2d 108 [70 Cal.Rptr. 97, 443 P.2d-561, 32 A.L.R.3d 496] by which we are bound. The body of appellate court opinions following the principles enunciated in Green and Rowland and other Supreme Court precedent clearly foreshadow the result herein. The principal opinion is nothing more than a careful articulation of the principles already set forth in judicial precedent as applied to the facts alleged in the complaint, which we must, of course, upon demurrer assume to be true.