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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Cavanaugh v. State of California, 85 Cal. App. 3d 354 (1978)

Citation
Cavanaugh v. State of California, 85 Cal. App. 3d 354 (1978)
Parent Document
Cavanaugh v. State of California, 85 Cal. App. 3d 354 (1978)
Jurisdiction
California (state)
Effective Date
1978-10-06

Other Sections in This Document (69)

Full Text

511 chars
In my view the demurrer to the second cause of action should have been sustained without leave to amend. Considered together with all that was properly before the trial court, the complaint fairly implies that the public use for which the property was acquired contemplated imminent *364demolition of the buildings thereon following their vacation by plaintiffs. Under those circumstances, the defendant has no obligation to redeem the warranty of habitability as a precondition to destruction of the buildings.