Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (148)

Full Text

643 chars
“If the lessor retaliates against the lessee because of.” We do not believe that this change in any way lessened the tenant’s burden of proving the landlord’s retaliatory motive by a preponderance of the evidence. As originally drafted in 1979, Assembly Bill No. 771 (the source of the new statute) contained a subdivision (b) which provided that if the evidence showed that an alleged act of retaliation occurred within 180 days of the tenant’s exercise of legal rights, such evidence created “a rebuttable presumption affecting the burden of producing evidence that the landlord’s conduct was retaliatory.” 8 That subdivision (b) was deleted