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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Rich v. Schwab, 75 Cal. Rptr. 2d 170 (1998)

Citation
Rich v. Schwab, 75 Cal. Rptr. 2d 170 (1998)
Parent Document
Rich v. Schwab, 75 Cal. Rptr. 2d 170 (1998)
Jurisdiction
California (state)
Effective Date
1998-06-01

Other Sections in This Document (60)

Full Text

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Our reliance on the plain meaning of the statutes is supported by consideration of the inexplicable results which would be compelled by adoption Of Schwab's interpretation of section 1940. In particular, we note that section 1943 is also part of chapter 2. By its terms, section 1943 provides a presumed month-to-month tenancy for leases of "other than lodgings and dwelling-houses." (Italics added.) Section 1944 provides a different presumption as to the term of residential leases. Plainly, the presumption set forth in section 1943 would have no operative effect if section 1940 were interpreted to mean the provisions of chapter 2 only apply to leases of dwelling units. We of course are required to avoid a construction which leads to a such disharmony in the statutory system set forth in chapter 2 of division 3, part 4, title 5 of the Civil Code. (See Unzueta v. Ocean View School Dist., supra, 6 Cal.App.4th at p. 1695, 8 Cal.Rptr.2d 614.) 2. Section 798 et seq.