EDC Associates, Ltd. v. Gutierrez, 153 Cal. App. 3d 167 (1984)

Citation: EDC Associates, Ltd. v. Gutierrez, 153 Cal. App. 3d 167 (1984)
Parent Document: EDC Associates, Ltd. v. Gutierrez, 153 Cal. App. 3d 167 (1984)
Jurisdiction: California (state)
Effective Date: 1984-03-16
Original Source: https://www.courtlistener.com/opinion/2116822/edc-associates-ltd-v-gutierrez/ ↗

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The doctrine of ejusdem generis is a rule of construction used to carry out legislative intent, not defeat it. (County ofPlacer v. Corin (1980) 113 Cal.App.3d 443, 448, fn. 2 [170 Cal.Rptr. 232].) "Section 1942.5 is a remedial statute aimed at protecting tenants from certain types of abuses. It is to be `liberally construed to effect its objectives and to suppress, not encourage, the mischief at which it was directed. . . .' [Citation.]" (Barela v. Superior Court, supra, 30 Cal.3d 244, 251.) Given the legislative intent to protect tenants from unlawful landlord conduct, interpretation of subdivision (c) of section 1942.5 so as to create a requirement for nondefault of rent would limit the protection afforded by the statute and be directly contrary to the apparent purposes of the legislation.3 *Page 174

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