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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Green v. Superior Court, 517 P.2d 1168 (1974)

Citation
Green v. Superior Court, 517 P.2d 1168 (1974)
Parent Document
Green v. Superior Court, 517 P.2d 1168 (1974)
Jurisdiction
California (state)
Effective Date
1974-01-15

Other Sections in This Document (186)

Full Text

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In the century since the statutes were first enacted, for example, California courts have evolved the “constructive eviction” doctrine as a common law remedy completely independent of this statutory framework; under the modern constructive eviction decisions, a tenant’s right to terminate his lease has not been measured by the standards of sections 1941 or 1942, but by the developing standard that permits abandonment whenever a landlord’s “acts or omissions [render the premises] unfit for the purposes for which they were leased.” (Groh v. Kover’s Bull Pen, Inc. (1963) 221 Cal.App.2d 611, 614 [34 Cal.Rptr. 637]; Giraud v. Milovich