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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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[6] In addition, a landlord may not evict a tenant in retaliation for organizing or participating in a tenants' rights organization, or for "lawfully and peaceably" exercising "any rights under the law." (Civ.Code, § 1942.5, subd. (c).) This subdivision has been "denominated a `boilerplate' provision because of its broad prohibition against retaliation by a landlord when a tenant has exercised valid legal rights under the law. [Citation.]" (Barela v. Superior Court, supra, 30 Cal.3d at p. 251, 178 Cal.Rptr. 618, 636 P.2d 582; see Friedman et al., Cal. Practice Guide: Landlord Tenant, supra, MI 7:363-7:364, p. 7-72.) A subdivision (c) defense is procedurally distinct in certain ways from a subdivision (a) defense; those distinctions are not pertinent to this opinion.