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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 1954

Citation
§ 1954
Parent Document
DeZerega v. Meggs, 99 Cal. Rptr. 2d 366 (2000)
Jurisdiction
California (state)
Effective Date
2000-09-14

Other Sections in This Document (100)

Full Text

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Finally, we briefly address plaintiffs’ contention that defendant’s position must be rejected because he asserts a claim to the entire apartment and not just the one-third he occupied as a “roommate.” Plaintiffs assert that defendant cannot assume a right to occupy the entire estate merely because his co-occupants have left. This argument, even if meritorious in some context, is insufficient to impeach the trial court’s entry of summary judgment. If it is correct, it means only that plaintiffs are entitled to rent the remaining two-thirds of the apartment to others. By no known logic can it lead to a conclusion that plaintiffs are entitled to evict defendant.