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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

S. P. Growers Ass'n v. Rodriguez, 552 P.2d 721 (1976)

Citation
S. P. Growers Ass'n v. Rodriguez, 552 P.2d 721 (1976)
Parent Document
S. P. Growers Ass'n v. Rodriguez, 552 P.2d 721 (1976)
Jurisdiction
California (state)
Effective Date
1976-08-10

Other Sections in This Document (79)

Full Text

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The other proposed affirmative defense—that the unlawful detainer action was instituted in improper retaliation against defendants for filing the federal suit—presents a closer question. The starting point in evaluating the proposed defense is the general rule that because an unlawful detainer action is a summary proceeding designed to facilitate owners in obtaining possession of their real property, counterclaims, cross-complaints, and affirmative defenses are inadmissible. (Union Oil Co. v. Chandler (1970) 4 Cal.App.3d 716, 721 [84 Cal.Rptr. 756].)