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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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we upheld a tenant’s defense to an unlawful detainer action on the ground that the landlord’s attempt to evict a tenant was in retaliation for his exercise of his right to “repair and deduct” granted by Civil Code section 1941 et seq. Without specifically labelling this defense as “legal” or “equitable,” our court recognized that to prevent the emasculation of the “repair and deduct” remedy, we were compelled to permit such a defense in an unlawful detainer action. (3 Cal.3d at pp. 513-517.) 20