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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

section 1942

Citation
section 1942 1.
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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1. Such a construction of Civil Code section 1942.5 would be directly contrary to the language of Evidence Code sections 500 and 520. Section 500 of the Evidence Code requires the proponent of a fact to prove that fact, “[e]xcept as otherwise provided by law.” The Legislature has provided by law, in section 520 of the same code, that “[t]he party claiming that a person is guilty of . . . wrongdoing has the burden of proof on that issue.” A tenant who claims his landlord acted with a retaliatory motive accuses the landlord of wrongdoing. Therefore the tenant has the burden of proof on that issue. 2. In Fisher v. City of Berkeley