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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Barela v. Superior Court, 636 P.2d 582 (1981)

Citation
Barela v. Superior Court, 636 P.2d 582 (1981)
Parent Document
Barela v. Superior Court, 636 P.2d 582 (1981)
Jurisdiction
California (state)
Effective Date
1981-11-27

Other Sections in This Document (82)

Full Text

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In May of 1980, Valdez filed an unlawful detainer action against Barela, based on her failure to pay $650 per month rent in May. That action was dismissed, apparently because Valdez had never served the 30-day notice of rent increase required by law. However, in late May he served Barela with a 30-day notice of termination of her month-to-month tenancy. Barela did not move. On July 21, 1980, while criminal charges were pending against him, Valdez filed a new unlawful detainer action, based on the 30-day notice of termination. Barela responded with an answer alleging as an affirmative defense that she was being evicted in retaliation for her exercise of constitutionally protected rights.