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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 1942

Citation
Section 1942
Parent Document
Banuelos v. LA Investment CA2/1, 219 Cal. App. 4th 323 (2013)
Jurisdiction
California (state)
Effective Date
2013-09-03

Full Text

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recover possession” in retaliation for a tenant’s exercise of “rights under the law.”
Subdivision (f) of the statute states that “[a]ny lessor or agent of a lessor who violates this
section shall be liable to the lessee in a civil action.” The Legislature presumably would
not have included these protections in section 1942.5 if it intended that they be nullified
by the litigation privilege. We do not believe the Legislature intended to do a useless act.
       III.     THE COMPLAINT FAILS TO STATE A CAUSE OF ACTION FOR
                BAD FAITH.