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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Whether a landlord has acted for retaliatory purposes is a question of fact. (See Barela v. Superior Court, supra,30 Cal.3d 244, 248, fn. 4.) It may be that ". . . [t]he record is replete with evidence that at least one member of Tenant's household was guilty of grossly abusive and uncivilized conduct," as asserted by appellate counsel for landlord, but the record is at least equally "replete" with evidence of racism, duplicity, abusiveness and harassment by landlord's agents. Landlord's argument that "[l]ogic . . . dictates that Landlord's 30-day notices were inspired by some element above and beyond inter-ethnic hostilities" flies in the face of the history of *Page 178 
landlord abuses that necessitated the retaliatory eviction defense. Admittedly, the landlord has a profit motive, but such has never been incompatible with bigotry and cruelty.

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