§ 3513

Citation: § 3513
Parent Document: Gombiner v. Swartz, 167 Cal. App. 4th 1365 (2008)
Jurisdiction: California (state)
Effective Date: 2008-10-29
Original Source: https://www.courtlistener.com/opinion/2259791/gombiner-v-swartz/ ↗

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Regardless of whether the court correctly instructed the jury, we find that any error was harmless because the jury found landlord had retaliated against tenant for exercising his rights as a tenant. The instruction thus did not defeat tenant’s claim. Tenant did not, however, receive any damages award for retaliation because the jury found he suffered no damages from landlord’s retaliation. Tenant in fact asked the jury to award damages. In arguing his damages, he told the jury that he alleged both statutory and common law retaliation. He asserted the evidence showed six acts of statutory retaliation involving multiple notices to pay late charges or quit and 90-day notices to terminate the tenancy. He further asserted the evidence showed common law retaliation in that landlord had retaliated by suing him when he contested landlord’s right to terminate the tenancy and evict him. In addition, he highlighted for the jury that an important difference, in tenant’s view, between statutory and common law retaliation was the measure of damages. Despite tenant’s argument directing the jury’s attention to his claimed damages, the jury awarded him none. Tenant offers no reasoned explanation of how the court’s erroneous instruction (if it was erroneous) led the jury to reject his plea for damages. Thus the court’s error, if any, was not prejudicial. DISPOSITION

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