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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Schulman v. Vera, 108 Cal. App. 3d 552 (1980)

Citation
Schulman v. Vera, 108 Cal. App. 3d 552 (1980)
Parent Document
Schulman v. Vera, 108 Cal. App. 3d 552 (1980)
Jurisdiction
California (state)
Effective Date
1980-07-24

Other Sections in This Document (69)

Full Text

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suggests that the real issue in determining whether a lessor’s breach of covenant may be litigated by a lessee in defense of an unlawful detainer action is whether the need for litigating that matter in the unlawful detainer action is so vital as to overcome the public policy underlying the summary nature of unlawful detainer. Unless we misread it, that is precisely the approach suggested and utilized by the Supreme Court in S.P. Growers Assn. v. Rodriguez, supra, 17 Cal.3d at pages *563 729-730. (See also Union Oil Co. v. Chandler, supra, 4 Cal.App.3d at p. 726.)