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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Newby v. Alto Riviera Apartments, 60 Cal. App. 3d 288 (1976)

Citation
Newby v. Alto Riviera Apartments, 60 Cal. App. 3d 288 (1976)
Parent Document
Newby v. Alto Riviera Apartments, 60 Cal. App. 3d 288 (1976)
Jurisdiction
California (state)
Effective Date
1976-07-20

Other Sections in This Document (103)

Full Text

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The question remains whether appellant presented substantial evidence supporting a cause of action for damages for “unlawful” eviction based upon interference by respondents with her constitutional right of free speech and assembly. Appellant alleged that the institution of summary proceedings to evict her in retaliation for her actions in organizing tenants would constitute state action. Appellant seems to contend in addition that because the First Amendment of the United States Constitution and sections 9 and 10 (now §§ 2 and 3) of article I of the California Constitution protect her freedom of expression and freedom to associate, an action for damages to vindicate the same interests should be created even in the absence of state action.