Section 425

Citation: Section 425
Parent Document: 1100 PARK LANE ASSOCIATES v. Feldman, 74 Cal. Rptr. 3d 1 (2008)
Jurisdiction: California (state)
Effective Date: 2008-02-25
Original Source: https://www.courtlistener.com/opinion/2279577/1100-park-lane-associates-v-feldman/ ↗

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Here, we entertain serious doubts whether the rights asserted by the Feldmans (the right to continue as subtenants without paying increased rent) were encompassed by the retaliatory eviction statute. As to this cause of action, there were no actions taken or statements made by the Feldmans, independent of the actual eviction litigation and their assertion of their right to occupy the apartment. Moreover, the allegations of the complaint and the declarations demonstrate that Park Lane cross-defendants’ communications threatening eviction were not in retaliation for the Feldmans’ lawful exercise of any *1493 rights under the sublease, but rather came before

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