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Where can I find common law doctrines for California law? Mostly for exclusive possession of property and quite enjoyment.

Sacramento, CA |

I've been researching stuff at the library for a law report that I have to turn in for a community college class. We're doing renting property and stuff, and I need citions of statutes for the common law doctrine in Cali for "exclusive possession" and "quiet enjoyment" of property. I learned common law isnt codified (right word?) but it's gotta be written down somewhere right? I'm suppose to be pretending to defend my client whose a lanlord against a bad tenant who says they have exlusive possession of the condo 'cuz of common law. I've looked all over the internets and can't find these anywhere except lawyers talkin about adverse posession. But that isn't helping me defend my fake client. I jsut need a statue or a case. Any help would be really nice. I might even get a "A"! ;-)

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Posted

The attorney response below is correct. However, if you go to a law library, you can find the Miller & Starr treatises on California real estate, which will be a good place to start You might also find some treatises there on Landlord Tenant law. In those books you will find citations to cases in which you will find discussion of the common law. Good luck.

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This is not the forum for homework help. You need to go to a law library and do research. Look at Black's Law Dictionary as well as Blackstone's Law Commentaries. Good luck.

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The typical "common law" defenses are largely illusory. In Sacramento, you can visit a law library. AmJur or CJS are "compendiums" of the law, and so are far easier to read than case law. Ask the librarian for either or both of those collections and consult the index. Very well organized.

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