Docket No. S.F. 23641.

22 Cal.3d 388 (1978)

584 P.2d 512

149 Cal. Rptr. 375

DOUGLAS C. HALE, Plaintiff and Respondent, v. JACK MORGAN, Defendant and Appellant.

Supreme Court of California.

September 28, 1978.

Attorney(s) appearing for the Case


Ralph E. Kingston for Defendant and Appellant.

Atwell & Henderson, Robert M. Henderson and Michael N. Atwell for Plaintiff and Respondent.

Felice A. Webster, Cary S. Reisman, Kenyon F. Dobberteen, Gilbert T. Graham, Steinhart, Goldberg, Feigenbaum & Ladar, John Curan Ladd, Peter W. Sly, Thomas W. Pulliam, Jr., and Andrea J. Saltzman as Amici Curiae on behalf of Plaintiff and Respondent.



We consider constitutional challenges to Civil Code section 789.3, which assesses a penalty of $100 per day against a landlord who wilfully deprives his tenant of utility services for the purpose of evicting the tenant. We will conclude that the penalties provided by the section, while surviving an attack on the grounds of equal protection of the laws, may, under particular circumstances, violate the due process...

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