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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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Relying on the second of these two findings, real party in interest asserts that the trial court decision was based solely on the factual determination that the landlord and tenant were unable to live in the same community. He argues that this is a legally permissible, nonretaliatory ground for evicting a tenant. However, he conveniently ignores the crucial link between the two findings of fact. The trial court found that the tenant’s allegedly protected activity, her complaint to the police, caused the breakdown in relations. If real party in interest’s argument were accepted, the defense of retaliatory eviction would be precluded, since in every case a landlord could assert that a tenant’s *249