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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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(1872) 43 Cal. 299, 305, a tenant was permitted to defend an unlawful detainer action on the ground that the landlord’s lease was obtained by fraud, for the tenant had been in possession prior to the lease and thus by demonstrating its invalidity would have been entitled to retain possession. (See, e.g., Schubert v. Lowe (1924) 193 Cal. 291, 295-296 [223 P. 550]; Rishwain v. Smith (1947) 77 Cal.App.2d 524, 531-533 [175 P.2d 555]; Gray v. Maier & Zobelein Brewery (1906) 2 Cal.App. 653, 657-658 [84 P. 280].) Moreover, the Johnson