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/ ↗

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Wallace and Owen premised liability in part on McCubbin and Merck’s report to Animal Control. Although Civil Code section 1942.5 regulates actions by “a lessor” (Civ. Code, § 1942.5, subds. (a), (c)), and McCubbin and Merck were not the “lessor” of Wallace and Owen’s unit, civil liability for the violation of the statute may extend to an “agent of a lessor.” (Civ. Code, § 1942.5, subd. (f).) Wallace and Owen stressed in their opposition to the motion to strike that Civil Code section 1942.5 liability lies against McCubbin and Merck as agents. Their idea, apparently, is that McCubbin and Merck perpetrated these acts as agents of the lessor Victor Wu, and they are therefore liable under subdivision (f) of Civil Code section 1942.5.

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