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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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(1962) 204 Cal.App.2d 242 [22 Cal.Rptr. 309], that issue was raised in an appeal by the defendant tenant from an unlawful detainer judgment. The court held that to deny the tenant an opportunity to present constitutional defenses was improper. The court held that the defense of discrimination, if proven, would bar the court from ordering an eviction because such “state action” would be violative of both federal and state Constitutions. (204 Cal.App.2d at p. 255.) In contrast, the Supreme Court, in Hill v. Miller