section 1942

Citation: section 1942
Parent Document: Western Land Office, Inc. v. Cervantes, 175 Cal. App. 3d 724 (1985)
Jurisdiction: California (state)
Effective Date: 1985-12-13
Original Source: https://www.courtlistener.com/opinion/2109053/western-land-office-inc-v-cervantes/ ↗

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(1976) 60 Cal.App.3d 288 [131 Cal.Rptr. 537], a tenant brought suit against her landlord for damages for an alleged threat of eviction. She complained that the landlord acted in retaliation for her organization of tenants to object to a rent increase. The trial court granted a judgment of nonsuit as to that cause of action. The Court of Appeal affirmed on that point. Noting that former Civil Code section 1942.5 created only “[a] limited cause of action for retaliatory eviction,” the court went on to say that “[t]he rights protected under the chapter relate to the fitness of buildings for human occupancy and the lessor’s duty to repair. . . . [AJppellant was not demanding that premises be made habitable within the meaning of section 1942.5; she was organizing tenants to object to a rent increase. Section 1942.5 gives no protection from retaliation for such activity. Therefore, appellant presented no evidence of retaliatory eviction in violation of Civil Code section 1942.5.” (Id., at p. 293.) E. The New Civil Code Section 1942.5

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