Section 1942

Citation: Section 1942
Parent Document: Winslett v. 1811 27th Ave., LLC, 237 Cal. Rptr. 3d 25 (2018)
Jurisdiction: California (state)
Effective Date: 2018-08-15
Original Source: https://www.courtlistener.com/opinion/6239848/winslett-v-1811-27th-ave-llc/ ↗

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For its holding, the high court relied on two lines of precedent. First, the court cited Abstract Investment Co. v. Hutchinson (1962) 204 Cal.App.2d 242, 22 Cal.Rptr. 309, a case that applied equal protection principles drawn from Shelley v. Kraemer (1948) 334 U.S. 1, 68 S.Ct. 836, 92 L.Ed. 1161 in circumstances where "a tenant contended ... he was being evicted for racial reasons. Although such a complaint did not relate directly to the conditions of tenancy, the Court of Appeal held that a landlord may not permissibly invoke the power of a court to evict a person because of his color." (S.P. Growers, supra, 17 Cal.3d at p. 728, 131 Cal.Rptr. 761, 552 P.2d 721.)

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