RCA SERVICE CO. v. SUPERIOR COURT

Docket No. A018586.

137 Cal.App.3d 1 (1982)

RCA SERVICE COMPANY, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; PETER BULLOCK, Real Party in Interest.

Court of Appeals of California, First District, Division Three.

October 14, 1982.


Attorney(s) appearing for the Case

COUNSEL

Berman & Clark and Gail M. Robillard for Petitioner.

No appearance for Respondent.

John D. Maatta for Real Party in Interest.


OPINION

SCOTT, Acting P.J.

Petitioner seeks writ of mandate compelling the trial court to grant petitioner's request for a writ of possession to recover telephone equipment leased to real party in interest. Real party's only defense to the claim of possession is that the equipment was defective. We conclude that real party's alleged right to damages based upon the defects is independent of petitioner's right to possession. Thus, petitioner...

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