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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Custom Parking, Inc. v. Superior Court, 138 Cal. App. 3d 90 (1982)

Citation
Custom Parking, Inc. v. Superior Court, 138 Cal. App. 3d 90 (1982)
Parent Document
Custom Parking, Inc. v. Superior Court, 138 Cal. App. 3d 90 (1982)
Jurisdiction
California (state)
Effective Date
1982-12-14

Other Sections in This Document (99)

Full Text

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have been decided differently had the complaining mother rented a store rather than a residence from the man who allegedly assaulted her daughter? We think not. To preclude the defense in a commercial setting would be “to create a special class of criminals—those who also happen to be [commercial] landlords—with a legally sanctioned means of punishing the victims or witnesses of their crime.” (30 Cal.3d at 253.) Here, to preclude the defense would be to create a class of litigants, commercial landlords, with a legally sanctioned means of punishing tenants who testify honestly but adversely to the landlord in a lawsuit between the landlord and third parties. To countenance such a result would be to put a judicial imprimatur upon attempts to impair the truth-finding process of our legal system.