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
Original Source: https://www.courtlistener.com/opinion/5810131/morrison-v-vineyard-creek-lp/ ↗

Full Text

1,196 chars

*1269Morrison also reminds us that Civil Code section 1942.5 “is a remedial statute aimed at protecting tenants from certain types of abuses” and “is to be ‘liberally construed to effect its objectives and to suppress, not encourage, the mischief at which it was directed.’ ” (Barela v. Superior Court (1981) 30 Cal.3d 244, 251 [178 Cal.Rptr. 618, 636 P.2d 582].) But the “ ‘mischief at which [the statute] was directed’ ” certainly was not a landlord’s attorney expressing an interpretation of a lease to a tenant whom he thinks is about to breach it. (Id. at pp. 247, 251-252 [Civ. Code, § 1942.5 applied where landlord served a three-day notice to quit and filed an unlawful detainer action after the tenant reported the landlord’s molestation of the tenant’s child to police]; see also Newby v. Alto Riviera Apartments (1976) 60 Cal.App.3d 288, 293 [131 Cal.Rptr. 547] [Civ. Code, § 1942.5 prohibits retaliation against a lessee for the exercise of a lessee’s rights relating to the fitness of buildings for human occupancy and the lessor’s duty to repair], disapproved on other grounds in Marina Point, Ltd. v. Wolfson (1982) 30 Cal.3d 721, 740-741, fn. 9 [180 Cal.Rptr. 496, 640 P.2d 115].)

Other Sections in This Document (83)

Full Text