Clark v. Mazgani, 170 Cal. App. 4th 1281 (2009)

Citation: Clark v. Mazgani, 170 Cal. App. 4th 1281 (2009)
Parent Document: Clark v. Mazgani, 170 Cal. App. 4th 1281 (2009)
Jurisdiction: California (state)
Effective Date: 2009-01-07
Original Source: https://www.courtlistener.com/opinion/2305176/clark-v-mazgani/ ↗

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at p. 1283.) However, the court also found the landlord was not sued because it filed the notices, or because it communicated with the tenant in connection with the eviction process, or even because it filed an unlawful detainer action against her. Although the suit may have been “triggered by” the landlord’s filing, serving and processing of the paperwork necessary to remove its units from the rental market, and its filing of an unlawful detainer action, it was not sued because it undertook those protected activities. Rather, the gravamen of the tenant’s complaint arose from the landlord’s discriminatory failure to accommodate her disability, by extending her tenancy for a year. (Id. at pp. 1284, 1287-1288.)

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