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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Rich v. Schwab, 75 Cal. Rptr. 2d 170 (1998)

Citation
Rich v. Schwab, 75 Cal. Rptr. 2d 170 (1998)
Parent Document
Rich v. Schwab, 75 Cal. Rptr. 2d 170 (1998)
Jurisdiction
California (state)
Effective Date
1998-06-01

Other Sections in This Document (60)

Full Text

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By its terms, section 1942.5, subdivision (f)(2), does not require that a tenant move or be evicted to collect punitive damages. All the face of the statute requires is that a plaintiff be the victim of a retaliatory act in violation of section 1942.5. Importantly, "[s]ection 1942.5 is a remedial statute aimed at protecting tenants from certain types of abuses. It is to be `liberally construed to effect its objectives and to suppress, not encourage, the mischief at which it was directed. [Citation.]' [Citation.]" (Barela, supra, 30 Cal.3d at p. 251, 178 Cal.Rptr. 618, 636 P.2d 582.) Given the remedial nature of the relief provided by section 1942.5, it is difficult to imply in the law any requirement that tenants move as a prerequisite to an award of punitive damages. Indeed such an implied condition would not act as the complete deterrent to retaliatory conduct the Legislature obviously intended in creating the statutory penalty.