DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 425

Citation
Section 425
Parent Document
Wallace v. McCubbin, 196 Cal. App. 4th 1169 (2011)
Jurisdiction
California (state)
Effective Date
2011-06-27
Original Source
https://www.courtlistener.com/opinion/5810370/wallace-v-mccubbin/ ↗

Other Sections in This Document (190)

Full Text

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Service of a three-day notice and prosecution of an unlawful detainer action are acts that might violate Civil Code section 1942.5, which makes lessors and their agents liable for, inter alia, threatening to cause a tenant to quit involuntarily or instituting an action to recover possession in retaliation for the tenant’s exercise of certain rights. As explained ante, *1215however, those acts are subject to the absolute privilege of Civil Code section 47, subdivision (b). As a matter of law, McCubbin and Merck could not be liable under Civil Code section 1942.5 on the basis of those acts.