3
(Medical Marijuana, Inc. v. ProjectCBD.com (2020) 46
Cal.App.5th 869, 883.)
The eleventh cause of action is entitled, “UNLAWFUL
RETALIATION.” It alleges that appellants “have violated Civil
Code section 1942.5(d) by decreasing services, increasing rent,
causing [respondents] to quit involuntarily by interfering with
their peaceable enjoyment of their home and leasehold, bringing
an action to recover possession, and/or by threatening to do these
acts in retaliation for [respondents’] peaceful and lawful exercise
of their legal rights under the law.” (Italics added.) Civil Code
section 1942.5, subdivision (d) provides: “[I]t is unlawful for a
lessor to increase rent, decrease services, cause a lessee to quit
involuntarily, bring an action to recover possession, or threaten
to do any of those acts, for the purpose of retaliating against the
lessee because the lessee has lawfully organized or participated
in a lessees' association or an organization advocating lessees'
rights or has lawfully and peaceably exercised any rights under
the law.” (Italics added.)
The eleventh cause of action further alleges that, “in
retaliation” for respondents’ filing “their original Complaint in
[the present] action,” appellants “filed a separate malicious
prosecution action against” respondents.2 (Italics added.)
Appellants “(1) served [respondents] with [section] 998 offers to