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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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the court permitted a tenant to raise the landlord’s alleged racially discriminatory motive as a defense in an unlawful detainer action. The court reasoned that if such discrimination were established, constitutional principles would bar the state from giving affirmative aid to the landlord’s eviction efforts; hence, the proffered defense was directly relevant to whether the tenant could retain possession of the premises. Although the court noted the “equitable” considerations involved, the tenant’s defense, in light of its constitutional basis, could at least equally be characterized as “legal” in nature. In Schweiger, following the lead of Abstract Investment,