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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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held that a tenant may be awarded damages and injunctive relief as the situation did not involve a threatened eviction for exercising constitutional rights, but involved an actual eviction due to a doublefold rent increase. No other California decision has drawn from the constitutional language protecting citizens from government oppression a right on the part of a tenant to seek relief from a threatened eviction. California courts have recognized the right only to raise constitutional defenses in judicial proceedings brought to evict tenants. (Abstract Investment Co. v. Hutchinson, supra, at p. 245.)