PRENDERGAST v. SNYDER

Docket No. L.A. 28422.

64 Cal.2d 877 (1966)

413 P.2d 847

50 Cal. Rptr. 903

WILFRED J. PRENDERGAST et al., Plaintiffs, Cross-defendants and Respondents, v. CLARENCE SNYDER, Defendant, Cross-complainant and Appellant.

Supreme Court of California. In Bank.

May 10, 1966.


Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher, William French Smith, Samuel O. Pruitt, Jr., and Charles S. Battles, Jr., for Defendant, Cross-complainant and Appellant.

A.L. Wirin and Fred Okrand for Plaintiffs, Cross-defendants and Respondents.

John F. Duff, Richard G. Logan, Cyril A. Coyle, James S. DeMartini, Thomas Arata, William J. Bush, Peter J. Donnici, James T. McDonald, Richard B. Morris, Richard A. Bancroft, Jack Greenberg, Robert M. O'Neil, Joseph B. Robison, Sol Rabkin, Duane B. Beeson, Seymour Farber, Robert H. Laws, Jr., Howard Nemerovski, John G. Clancy and Ephraim Margolin as Amici Curiae on behalf of Plaintiffs, Cross-defendants and Respondents.


PEEK, J.

Defendant landlord appeals from a judgment for plaintiff tenants entered upon defendant's motion for summary judgment on his cross-complaint for declaratory relief.

Plaintiffs Prendergast are husband and wife, respectively a Negro and a Caucasian. Prior to their marriage Mrs. Prendergast rented from defendant an apartment in his seven-unit dwelling on an oral, month-to-month tenancy. Mr. Prendergast moved into the apartment with his wife following...

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