In Jones v. Kelly (1929) 208 Cal. 251, tenants husband and wife sued their landlord in tort for allegedly cutting off the tenants' water supply, seeking both actual and exemplary damages. In reversing the trial court's order sustaining a demurrer without leave to amend, the Supreme Court pointed out at page 255 that "'every person is bound without contract to abstain from injuring the person or property of another, or infringing upon any of his rights,'" citing Civil Code section 1708. This duty is independent of the contract and attaches over and above its terms; thus, the tenants may treat the injury to their tenancy as a tort or as a breach of contract at their election (208 Cal. at p. 255). "That tenants have a proprietary interest in the leased premises which goes by the name of estate is not open for debate." (Ibid.)