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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Granberry v. Islay Investments, 161 Cal. App. 3d 382 (1984)

Citation
Granberry v. Islay Investments, 161 Cal. App. 3d 382 (1984)
Parent Document
Granberry v. Islay Investments, 161 Cal. App. 3d 382 (1984)
Jurisdiction
California (state)
Effective Date
1984-10-30

Other Sections in This Document (61)

Full Text

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Historical practices of the landlord may provide clues as to what the payment is. Contrary to Islay’s contention, an inquiry into its past practices does not serve to call into question its character in determining credibility under Evidence Code section 786. Rather, it gives the trier of fact insight into what a disputed payment in fact is. If in the past Islay levied charges for security deposits in much the same fashion that it charges the extra payment for the first month’s rent now, and other factors have not significantly changed, this would be some evidence that the payment is a security rather than rent.