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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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Morrison’s position is untenable. The law has not become so far removed from common sense that an owner of residential rental property (or his attorney) can no longer express his view on the provisions of a lease, and his intent to enforce them, when his tenant plans to do something the owner believes is a breach. This is not actionable “retaliation” under Civil Code section 1942.5, subdivision (c). (See Feldman v. 1100 Park Lane Associates (2008) 160 Cal.App.4th 1467, 1489 [74 Cal.Rptr.3d 1] (Feldman) [threats concerning contemplated unlawful detainer action were privileged and not the proper basis for retaliatory eviction claim].)