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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 1942

Citation
Section 1942
Parent Document
Drouet v. Superior Court, 73 P.3d 1185 (2003)
Jurisdiction
California (state)
Effective Date
2003-08-11

Other Sections in This Document (188)

Full Text

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In this case, the superior court denied Landlord's motion for summary adjudication without first considering whether Landlord had asserted a bona fide intent to withdraw the property and, if so, whether Tenants had controverted that intent. The Court of Appeal granted the writ of mandate and directed the superior court to enter an order granting Landlord's motion for summary adjudication, again without considering those facts. Under the circumstances, we will reverse the Court of Appeal with directions to remand the matter for the superior court to analyze the motion for summary adjudication under the proper standard.