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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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As to Vineyard Creek’s January 22, 2007 letter, Morrison points to Breithaupt’s language that an attempt to operate a family childcare home out of her apartment would be “a breach of the residential lease/rental agreement and will result in litigation against you.”7 Morrison argues: the lease agreement states that, upon breach, the owner might terminate the tenant’s right to possession by lawful means; the lawful means for terminating a tenancy is through the unlawful detainer process; ergo, the letter threatened eviction. In essence, Morrison urges, an attorney’s statement of his client’s legal position concerning the interpretation of a lease and the tenant’s planned activity constitutes actionable “retaliation.”