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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In holding that the tenant could raise as a defense in the unlawful detainer action the fact that the landlord was retaliating against him for exercising statutory rights, the Supreme Court recognized that "one may not exercise normally unrestricted power if his reasons for its exercise contravene public policy." (Schweiger, supra, at p. 516.) Citing a previous Court of Appeal case5 which had considered unlawful detainer according to the equitable principles applicable to such a proceeding, our high court noted that "`"equity will refuse to enforce a forfeiture at the instance of one who has obtained the strictly legal right to it by fraud, deceit, or any form of oppressive practice. . . ."'" (Id., at p. 514.) Further, "`". . . although [unlawful detainer] . . . is summary in principle and process . . . the very nature of the action . . . appeals to the equity side of the court . . . and . . . requires `a full examination of all the equities involved to the end that exact justice be done.'"'" (Ibid.)

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