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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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The essence of the Ellis Act is to allow expeditious evictions to permit the landregarding retaliatory eviction is inconclusive *173 lord to leave the market. But the Act does not evidence a legislative intent that the entire retaliatory eviction statute—not just the defense against eviction, but the damages provision as well—be inapplicable to an Ellis Act eviction. In fact, the Ellis Act states it does not "supersede" that section of the Civil Code of which section 1942.5 is a part. The Legislature wanted the protections of section 1942.5 available to tenants while at the same time protecting fundamental property rights of property owners. While the eviction defense may not be raised as a bar to prevent a property owner from returning rental property to a non-rental status, damages are not precluded to right wrongs inflicted before the tenancy terminated. In short, a landlord using the Ellis Act for retaliatory purposes may evict—but later may still suffer monetary consequences.