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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 1170

Citation
Section 1170
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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(1912) 19 Cal.App. 518, 527-528 [126 P. 512]), this characterization is inaccurate on two grounds. First, past cases have not permitted the interposition of any conceivable equitable defense, but have allowed only those defenses which, if established, would preclude the landlord from recovering possession of the property. Second, California decisions have at the same time permitted the introduction of “legal” defenses whenever such defenses, if proven, would have preserved possession in the tenant. Two cases aptly illustrate the first proposition. In Smith v. Whyers