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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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appealed to the superior court, which held a trial de novo. Again judgment was rendered in favor of the landlord. The superior court expressed agreement with Schweiger’s contention of retaliatory motive, but it rejected, as a matter of law, his defense that such retaliatory action violated public policy. Nevertheless, the superior court certified the case to the Court of Appeal. The Court of Appeal refused to transfer the case. Schweiger thereupon sought a writ of mandate to compel the superior court to hear his defense based upon the retaliatory motivation of his landlord.