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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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Real parties argue that the plain language of the Ellis Act preserves a tenant's right to the affirmative defense of retaliatory eviction in an Ellis Act unlawful detainer. They point to section 7060.1, subdivision (d), which explicitly states that the Ellis Act does not "supersede" that portion of the Civil Code which includes Civil Code section 1942.5. They conclude that because the Legislature used the term "supersede" in this provision, it intended to expressly retain the affirmative defense of retaliatory eviction in proceedings under the Ellis Act.