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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Drouet v. Superior Court, 104 Cal. Rptr. 2d 159 (2001)

Citation
Drouet v. Superior Court, 104 Cal. Rptr. 2d 159 (2001)
Parent Document
Drouet v. Superior Court, 104 Cal. Rptr. 2d 159 (2001)
Jurisdiction
California (state)
Effective Date
2001-05-23

Other Sections in This Document (78)

Full Text

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Petitioner Joel Drouet owns rental property in San Francisco. He withdrew his rental property from the rental market *162 under the Ellis Act, and filed an unlawful detainer action to evict his tenants, real parties in interest Jim Broustis and Ivy McClelland, when they would not move out. Real parties raised the affirmative defense of retaliatory eviction. Petitioner moved for summary adjudication of that affirmative defense in his favor, on the ground that the defense was not legally available in Ellis Act proceedings. The trial court denied petitioner's motion. Petitioner sought writ review in the Appellate Division of the San Francisco Superior Court. In a published opinion, the Appellate Division disagreed with the trial court and issued the writ to compel the trial court to grant the motion on the ground that the defense was unavailable.