Abstract Investment Co. v. Hutchinson

Should the court receive evidence on a tenant’s affirmative defense that his tenancy is being terminated solely because of his race ?

This is the question posed in this proceeding in unlawful detainer in the Municipal Court, Santa Anita Judicial District. The plaintiff, Abstract Investment Co., instituted the action for the purpose of obtaining possession of certain premises leased to defendant under a month-to-month tenancy. Defendant’s answer acknowledged, in effect, that a proper notice to quit had been served and that plaintiff was entitled to possession except for the facts alleged in…