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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Schweiger v. Superior Court, 476 P.2d 97 (1970)

Citation
Schweiger v. Superior Court, 476 P.2d 97 (1970)
Parent Document
Schweiger v. Superior Court, 476 P.2d 97 (1970)
Jurisdiction
California (state)
Effective Date
1970-11-10

Other Sections in This Document (98)

Full Text

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We recognize that the foregoing authorities dealt primarily with refusal of trial courts to accept pleadings offered by one of the litigants. The effect was to deny one party a full hearing on the merits of his cause. In the instant case, the petitioner was denied a crucial defense by the superior court at the trial rather than at a prior pleading stage, but the result was identical to that which would have followed a pleading rejection: petitioner was deprived of his only opportunity to fully litigate the unlawful detainer action on its merits. This constituted an abuse of discretion.