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
Original Source: https://www.courtlistener.com/opinion/2155026/newby-v-alto-riviera-apartments/ ↗

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(S.D.N.Y. 1969) 299 F.Supp. 501, a case relied upon by appellant, the court recognized that a state could not take action to penalize the exercise of the right to organize tenants to improve conditions protected by the First Amendment. The federal court refused to enjoin a New York summary proceeding because it was unsettled in New York law whether retaliation in violation of constitutional rights was a defense in such proceedings. Therefore, the court would not grant injunctive relief unless the state was sufficiently involved in prohibiting the exercise of those protected rights. Applying the rationale of Hosey, Abstract, and Shelley,

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