section 1942

Citation: section 1942
Parent Document: Western Land Office, Inc. v. Cervantes, 175 Cal. App. 3d 724 (1985)
Jurisdiction: California (state)
Effective Date: 1985-12-13
Original Source: https://www.courtlistener.com/opinion/2109053/western-land-office-inc-v-cervantes/ ↗

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Nevertheless, we do not perceive that the tenants suffered any prejudice from the erroneous portion of the instructions. That portion placed upon the landlord a heavier burden of proof than it was required to bear. The jury found for the landlord. It does not appear that in the absence of the error, the jury would have rendered a verdict more favorable to the tenants. (Cal. Const., art. VI, § 13; Code Civ. Proc., § 475; People v. Watson (1956) 46 Cal.2d 818, 836-837 [299 P.2d 243].) Disposition The judgment of the municipal court is affirmed. A petition for a rehearing was denied January 8, 1986. * Before Panelli, P. J., Brauer, J., and Leach, J. † † Assigned by the Chairperson of the Judicial Council. 1

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