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Jordan v. Talbot

Supreme Court of California
361 P.2d 20 (1961)


Facts

Jordan (plaintiff) rented an apartment from Talbot (defendant). The lease provided that if the tenant breached any term of it, the landlord could re-enter the apartment and would have a lien on all personal property inside. One of the terms was that rent was due on the first day of each month. Jordan duly paid the rent for eight months, but then missed two payments. Talbot entered the apartment without permission and removed all personal property to a warehouse. He also refused to allow access to the apartment, with his employee telling her to “[g]et the hell out of here.” Jordan brought suit against Talbot for forcible entry and detainer and for conversion of personal property. The jury awarded damages on all claims, plus punitive damages. The trial court granted Talbot’s motion for a new trial, and Jordan appealed.

Rule of Law

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Issue

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Holding and Reasoning (Traynor, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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