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
Original Source: https://www.courtlistener.com/opinion/2304744/drouet-v-superior-court/ ↗

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But the present case does not involve a burden external to the Ellis Act imposed on a landlord by a local ordinance. Rather, the question we face is whether the Ellis Act itself provides that the defense of retaliatory eviction contained in another state law applies to eviction proceedings commenced under the Act. Thus, while we acknowledge the preemptive effect of the Ellis Act over such local ordinances, we must decide, as a matter of statutory construction, whether the provisions of the Ellis Act would permit a retaliatory eviction defense to an unlawful detainer action or would exclude that defense as a matter of law. In other words, once a landlord has properly invoked the Ellis Act, and triggered the final 120 days of the tenancy, can a tenant remain and challenge the landlord's right to evict on the ground that the landlord's reasons for invoking the Ellis Act violate the retaliatory eviction statute?

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