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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

622 chars
Appellant failed to establish her entitlement to relief on her causes of action for retaliatory eviction, arbitrary discrimination under the Unruh Civil Rights Act and for an injunction. But the complaint did establish the existence of a controversy, and appellant was entitled to a declaration of her rights even if the result was unfavorable to her. Therefore, the trial court erred in denying declaratory relief. Even though the failure to declare appellant’s rights was erroneous, reversal would be an idle act. (Anderson v. Stansbury (1952) 38 Cal.2d 707, 717 [242 P.2d 305]; Haley v. L. A. County Flood Control Dist.