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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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If a motion for judgment is granted, the function of the reviewing court is to decide- whether it is supported by any competent and substantial evidence. (See 4 Witkin, Cal. Procedure (2d ed. 1971) Trial, § 372, p. 3166.) Appellant did not' present evidence of any irreparable harm she would suffer if the threatened unlawful detainer action were not restrained. Appellant alleged that without an injunction she would immediately be forced to seek housing elsewhere. It is true that appellant was served with a 30-day notice to quit. But she presented no evidence that she would be forced tó leave prior to a judgment in an unlawful detainer proceeding.