GREEN v. SUPERIOR COURT

Docket No. S.F. 22993.

10 Cal.3d 616 (1974)

517 P.2d 1168

111 Cal. Rptr. 704

ROGER GREEN, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; JACK SUMSKI, Real Party in Interest.

Supreme Court of California. In Bank.

January 15, 1974.


Attorney(s) appearing for the Case

COUNSEL

Gilbert T. Graham and Lawrence L. Curtice for Petitioner.

Allan David Heskin, Myron Moskovitz and Rosalyn M. Chapman as Amici Curiae on behalf of Petitioner.

No appearance for Respondent or for Real Party in Interest.


OPINION

TOBRINER, J.

Under traditional common law doctrine, long followed in California, a landlord was under no duty to maintain leased dwellings in habitable condition during the term of the lease. In the past several years, however, the highest courts of a rapidly growing number of states and the District of Columbia have reexamined the bases of the old common law rule and have uniformly determined that it no longer corresponds...

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