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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Western Land Office, Inc. v. Cervantes, 175 Cal. App. 3d 724 (1985)

Citation
Western Land Office, Inc. v. Cervantes, 175 Cal. App. 3d 724 (1985)
Parent Document
Western Land Office, Inc. v. Cervantes, 175 Cal. App. 3d 724 (1985)
Jurisdiction
California (state)
Effective Date
1985-12-13

Other Sections in This Document (148)

Full Text

507 chars
The principal issue which confronts us is this: In an unlawful detainer action, where the affirmative defense of retaliatory eviction is asserted pursuant to Civil Code section 1942.5, who has the burden of proving what? We hold that under that section, (1) the tenant has the overall burden of persuasion on the issue of retaliatory eviction, but (2) in certain circumstances, hereinafter specified, the landlord has the burden of giving notice of, and of proving, a valid ground for his action. Background