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THE CITY v. HART

Docket No. G002151.

175 Cal.App.3d 92 (1985)

220 Cal. Rptr. 349

THE CITY, Plaintiff and Respondent, v. HARRY HART, Defendant and Appellant.

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

November 26, 1985.

Attorney(s) appearing for the Case

COUNSEL

Swanson & Casello, Frederick E. Turner and Ronald S. Cooper for Defendant and Appellant.

Thomas Dobyns for Plaintiff and Respondent.

OPINION

WALLIN, J.

Defendant Harry Hart dba Jeweltree appeals a summary judgment in favor of plaintiff The City in an action for unlawful detainer. Hart contends the presumption of Civil Code section 19451 applies to defeat a motion for summary judgment where the landlord accepts rent from a tenant prior to the expiration of the lease for a period extending...

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