Section 1942

Citation: Section 1942
Parent Document: Drouet v. Superior Court, 73 P.3d 1185 (2003)
Jurisdiction: California (state)
Effective Date: 2003-08-11
Original Source: https://www.courtlistener.com/opinion/2585536/drouet-v-superior-court/ ↗

Full Text

1,144 chars

Unable to find support in the statutory text, Tenants urge us instead to rely on isolated fragments of the Act’s legislative history. They point us in particular to a single paragraph in a Senate committee analysis discussing proposed Government Code section 7060.1. The paragraph reads: “This provision would limit a landlord’s right to go out of business if the exercise of that right would jeopardize a tenant’s rights under state law. For example, this provision would probably prohibit a landlord from going out of business if the tenant had requested repairs or reported housing code violations. An eviction of the tenant under such circumstances could be deemed a prohibited retaliatory eviction.” (Sen. Rules Com., Off. of Sen. Floor Analyses, analysis of Sen. Bill No. 505 (1985-1986 Reg. Sess.) as amended Sept. 10, 1985, p. 3.) Yet the use of the words “probably” and “could” are sufficiently tentative and equivocal to caution us against relying too heavily on this snippet. (See Folsom v. Butte County (1982) 32 Cal.3d 668, 682 [186 Cal.Rptr. 589, 652 P.2d 437]; In re Ramon A. (1995) 40 Cal.App.4th 935, 939 [47 Cal.Rptr.2d 59].)4

Other Sections in This Document (188)

Full Text