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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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Of great importance to the decision which we reach today is the express holding in Green that the statutory remedies provided a tenant *915 under Civil Code section 1941 et seq.[3] were not intended by the Legislature as the tenant's exclusive remedy for the landlord's failure to repair. "Although past cases have held that the Legislature intended the remedies afforded by section 1942 to be the sole procedure for enforcing the statutory duty on landlords imposed by section 1941 [citations], no decision has suggested that the Legislature designed these statutory provisions to displace the common law in fixing the respective rights of landlord and tenant. On the contrary, the statutory remedies of section 1942 have traditionally been viewed as additional to, and complementary of, the tenant's common law rights." (10 Cal.3d at pp. 629-630, italics added.) Thus, "... the statutory framework of section 1941 et seq. has never been viewed as a curtailment of the growth of the common law in this field." (10 Cal.3d at p. 630, italics added.)