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E.S. BILLS, INC. v. TZUCANOW

Docket No. L.A. 31839.

38 Cal.3d 824 (1985)

700 P.2d 1280

215 Cal. Rptr. 278

E.S. BILLS, INC., Plaintiff and Respondent, v. DANIEL TZUCANOW et al., Defendants and Appellants.

Supreme Court of California.

June 24, 1985.

Attorney(s) appearing for the Case

COUNSEL

Gregg A. Johnson, Russell M. De Phillips and Milberg, Johnson, De Phillips & Lamson for Defendants and Appellants.

Paul B. Wells, Richard H. Benes, Linda Cory Allen and Procopio, Cory, Hargreaves & Savitch for Plaintiff and Respondent.

Pillsbury, Madison & Sutro, Walter R. Allan, James O'M. Tingle, Bruce McDiamond and Kirk S. Schumacher as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

REYNOSO, J.

In this unlawful detainer action, defendant lessees appeal from a judgment awarding possession of a gasoline service station, together with back rent and attorney fees, to plaintiff lessor, a petroleum distributor. Code of Civil Procedure section 1174, subdivision (a) (section 1174(a)) provides generally that a petroleum distributor may not recover possession from a gasoline dealer in an unlawful detainer action...

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