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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 789

Citation
Section 789 (2a)
Parent Document
Hale v. Morgan, 584 P.2d 512 (1978)
Jurisdiction
California (state)
Effective Date
1978-09-28

Other Sections in This Document (116)

Full Text

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(2a) Arguing a violation of equal protection principles, defendant urges that the statute unfairly favors tenants over landlords. He notes that we have held that a landlord's material breach of the lease may justify a tenant in summarily withholding rent (see Green v. Superior Court (1974) 10 Cal.3d 616, 634-635 [111 Cal. Rptr. 704, 517 P.2d 1168]). Under section 789.3, in contrast, the landlord is compelled to retain a defaulting tenant, and to pay the tenant's utilities, until an unlawful detainer judgment can be obtained. Defendant describes this result as unequal protection.