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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 1942

Citation
Section 1942
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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An analysis of the common law defense of retaliatory eviction leads to a similar conclusion. “In evaluating whether defendants have raised a valid defense of retaliatory eviction, we must engage in a balancing process. We must determine whether the public policies furthered by protecting defendants from eviction outweigh the interests in preserving the summary nature of unlawful detainer proceedings. [Citation.]” (S.P. Growers Assn. v. Rodriguez, supra, 17 Cal.3d 719, 724.)