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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Similarly, we conclude that the serving of a notice to quit, which is not process issued by the court, does not constitute state action. Our case involves no statute prohibiting a landlord from evicting a tenant for exercising the constitutional rights of free speech and assembly. The state has not yet made available “the aid and processes of a court” in an unlawful detainer action. The evidence would not support an award of damages for a threatened eviction in violation of appellant’s statutory and constitutional rights. Therefore, the court did not err in granting a motion for nonsuit on the first cause of action. *296 Intentional Infliction of Mental Distress

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