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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 520

Citation
Section 520
Parent Document
Western Land Office, Inc. v. Cervantes, 175 Cal. App. 3d 724 (1985)
Jurisdiction
California (state)
Effective Date
1985-12-13

Other Sections in This Document (148)

Full Text

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Note that in the examples just mentioned, the “ground” upon which the landlord wished to move—the increase in property taxes, the desire to remodel or demolish, the contract of sale—was in each instance within the especial knowledge of the landlord. Under ordinary circumstances, a tenant would not know about an increase in property taxes or plans for remodeling, demolition, or sale. The landlord has “peculiar” knowledge of such facts. “Where the evidence necessary to establish a fact essential to a claim lies peculiarly within the knowledge and competence of one of the parties, it may be necessary to place the burden [of proof] on the party possessing that *734 knowledge.” (Baker v. Wadsworth