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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The instructions read as follows: “The law allows a landlord to regain possession of his property by terminating the tenancy of his tenant by following certain sections. If the landlord rents residential property to a tenant on a month-to-month basis, as in this case, the landlord, by giving a thirty-day Notice to Quit, and such notice was given in this case to each of the defendants, however the law does not permit the landlord to evict his tenant for illegal purposes. Retaliation against the tenant is an illegal purpose. In this case the eight defendants have alleged that the landlords are evicting them for the purpose of retaliation. [⅜] The burden is on the defendants to establish by a preponderance of the evidence that plaintiffs are attempting to evict them to retaliate against defendants for making the report to the Monterey County Health Department and filing the lawsuit in Superior Court for injunction and not because of the reasons stated in Plaintiffs’ Notice to Defendants. [5] Plaintiff, as lessor of dwellings is the same as a landlord—excuse me, that is repetitive. [1] In fifis action the plaintiff has the burden of establishing by a preponderance of the evidence all of the facts necessary to prove the following issues, one, that plaintiffs had a belief in good faith of the truth of the grounds stated in the Notice upon which the landlord sought to recover, namely Little Waco was being closed because of the replacement of the entire water system as required by the County of Monterey, made operation of Little Waco economically unfeasible. [5] The defendant has the burden of establishing by a preponderance of the evidence all of the facts necessary—the defendants, plural, necessary to prove the following issues, one, that in serving the Notice terminating defendants’ tenancy, plaintiff was retaliating against defendants because of the exercise by defendants of their right to complain to an appropriate agency as to the tenantability of the dwellings and for filing the lawsuit for injunction. [1] By a preponderance of the evidence is meant such evidence as, when weighed with that opposed to it, has more convincing force and the greater probability of truth. In the event that the evidence is evenly balanced so that you are unable to say that the evidence on either side of an issue preponderates, then your finding upon that issue must be against the party who has the burden of proving it. [¶] In determining whether an issue has been proven by a preponderance of the evidence, you should consider all of the evidence bearing upon that issue regardless of who produced it. [1] If you find that defendants have not established by a preponderance of the evidence that plaintiff is attempting to evict them to retaliate against the defendants, then plaintiff is entitled to possession of the property in question and you’ll return a verdict for the plaintiff. [¶] It is the tenants’ burden of proof that they in good faith made a complaint with an appropriate governmental agency by which plaintiff has notice for the purpose of obtaining corrections of conditions relating to habitability of defendants’ apartments. Appropriate governmental agency is a public agency which has jurisdiction over the complaint of conditions relating to fitness of the premises for human habitation. [1] You are instructed as a matter of law that the County Environmental Health Department is such an agency.”
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