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ABSTRACT INVESTMENT CO. v. HUTCHINSON

Docket No. 26220.

204 Cal.App.2d 242 (1962)

22 Cal. Rptr. 309

ABSTRACT INVESTMENT COMPANY, Plaintiff and Respondent, v. WILLIAM D. HUTCHINSON, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

May 29, 1962.

Attorney(s) appearing for the Case

Miller & Malone and Loren Miller for Defendant and Appellant.

Stanley Mosk, Attorney General, Howard H. Jewel, Assistant Attorney General, Manly D. Calof, Deputy Attorney General, A.L. Wirin, Richard J. Kamins, R. Milton Smith and Gerald L. Rosen as Amici Curiae on behalf of Defendant and Appellant.

Fred W. Chase for Plaintiff and Respondent.

Lackman & Lackman, Samuel Lackman and Lawrence H. Lackman as Amici Curiae on behalf of Plaintiff and Respondent.

BURKE, P.J.

Should the court receive evidence on a tenant's affirmative defense that his tenancy is being terminated solely because of his race?

This is the question posed in this proceeding in unlawful detainer in the Municipal Court, Santa Anita Judicial District. The plaintiff, Abstract Investment Co., instituted the action for the purpose of obtaining possession of certain premises leased to defendant under a month-to-month tenancy. Defendant's answer...

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