Banuelos v. LA Investment CA2/1, 219 Cal. App. 4th 323 (2013)

Citation: Banuelos v. LA Investment CA2/1, 219 Cal. App. 4th 323 (2013)
Parent Document: Banuelos v. LA Investment CA2/1, 219 Cal. App. 4th 323 (2013)
Jurisdiction: California (state)
Effective Date: 2013-09-03
Original Source: https://www.courtlistener.com/opinion/1039610/banuelos-v-la-investment-ca21/ ↗

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               B. Retaliation Under The Common Law
       Banuelos cannot state a common law cause of action for retaliatory eviction
because that cause of action applies only to conduct that causes the tenant to involuntarily
vacate the premises. (Glaser v. Meyers (1982) 137 Cal.App.3d 770, 777.) Banuelos does
not allege that he vacated Space 23.
       II.     THE LITIGATION PRIVILEGE DOES NOT BAR BANUELOS’S
               SUIT UNDER SECTION 1942.5 FOR RETALIATORY EVICTION
               BASED ON THE DEFENDANTS’ ACTION TO RECOVER
               POSSESSION OF THE PREMISES.

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