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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 3513

Citation
§ 3513
Parent Document
Gombiner v. Swartz, 167 Cal. App. 4th 1365 (2008)
Jurisdiction
California (state)
Effective Date
2008-10-29

Other Sections in This Document (66)

Full Text

588 chars
The court instructed the jury that tenant’s cause of action for retaliation required that he not be in default in paying rent. The court appears to have derived that requirement from subdivision (a) of Civil Code section 1942.5 dealing with landlord retaliation after a tenant complains about a property’s habitability. Because subdivision (c) upon which tenant rested his retaliation claim did not mention a tenant’s obligation to be current in his rent, tenant contends the court erred in instructing the jury that such an obligation existed as a precondition for his retaliation claim.