Section 789

Citation: Section 789
Parent Document: Hale v. Morgan, 584 P.2d 512 (1978)
Jurisdiction: California (state)
Effective Date: 1978-09-28
Original Source: https://www.courtlistener.com/opinion/1160324/hale-v-morgan/ ↗

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We find it noteworthy that the sanction imposed by section 789.3 is potentially more severe than that provided by the Legislature for other more serious transgressions by the landlord against the tenant. For example, California law prohibits forcible entry by a landlord to regain possession of premises from a tenant. (Code Civ. Proc., § 1159.) Despite the fact that a physical, and perhaps violent, intrusion onto leased premises for purposes of recovery of possession may threaten a breach of the peace far more than does utility interruption, and can permanently and immediately deprive the tenant of possession, the punitive sanction for forcible entry is limited to a discretionary award not to exceed three times actual damages. (Id., §§ 735, 1174.)

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