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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

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of the Civil Code establishes a rebuttable presumption of retaliation, which places upon the landlord the burden of proving by a preponderance of the evidence that his action was not prompted by a retaliatory motive. Therefore, claim the tenants, the trial court incorrectly instructed the jury as to the burden of proof (i.e., the burden of persuasion), and the error warrants a reversal.