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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Morrison v. Vineyard Creek L.P., 193 Cal. App. 4th 1254 (2011)

Citation
Morrison v. Vineyard Creek L.P., 193 Cal. App. 4th 1254 (2011)
Parent Document
Morrison v. Vineyard Creek L.P., 193 Cal. App. 4th 1254 (2011)
Jurisdiction
California (state)
Effective Date
2011-03-29

Other Sections in This Document (83)

Full Text

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Substantial evidence supports the finding that Vineyard Creek did not threaten to “increase rent, decrease services, cause a lessee to quit involuntarily, [or] bring an action to recover possession” in retaliation for Morrison’s notice that she would operate a family daycare home. (Civ. Code, § 1942.5, subd. (c).) The January 22, 2007 letter from Vineyard Creek’s attorney stated that Morrison’s use of the unit as a family daycare home would constitute a breach of the lease and “result in litigation,” and his February 12, 2007 letter stated that he would continue to advise his client to “enjoin [Morrison] from maintaining a family child care home.” There is no mention of evicting Morrison, terminating her tenancy, or reducing services, and in context the reference to litigation pertains to enjoining her from operating the family childcare home in her apartment, not kicking her out of the apartment.