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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 520

Citation
Section 520
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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Subdivision (a) of the statute was in accord with the theory that the tenant had the burden of proving the landlord’s retaliatory motive by a preponderance of the evidence. That subsection spoke of the landlord having “as his dominant purpose retaliation against the lessee . . . .’’It was that dominant purpose which, if proven, prevented the landlord from achieving his desired end for a period of 60 days. The burden of proving that purpose clearly was on the tenant, since no landlord could be expected to prove that he acted with a retaliatory motive.