Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (170)

Full Text

571 chars
6 The holding in Portnoy v. Hill (1968) 57 Misc.2d 1097
[294 N.Y.S.2d 278], cited by landlord, that a tenant must "do equity" by paying rent before raising the equitable defense of retaliatory eviction is not persuasive. It is the landlord, when acting for an improper purpose such as racial discrimination, who corrupts the institutions of justice by using them wrongfully to seek eviction of the tenant. In any event, the tenant in the present case came to the court with clean hands, having fully paid her rent by the time she filed her answer to landlord's complaint.