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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) (3)
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

695 chars
(3) We also reject plaintiffs' contention that defendant is required to maintain the buildings in habitable condition. Where, as here, tenancies are being terminated in order to demolish the buildings to carry out the purpose intended at the time of acquisition, there is no obligation to redeem the implied warranty of habitability. The complaint fairly implies that the public use contemplated immediate demolition. Under such *360 circumstances, there can be no requirement that the defendant, prior to demolition or termination of tenancy, place the dwelling structures in habitable condition. As to cause of action number two, the demurrer was properly sustained without leave to amend. III