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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Schweiger v. Superior Court, 476 P.2d 97 (1970)

Citation
Schweiger v. Superior Court, 476 P.2d 97 (1970)
Parent Document
Schweiger v. Superior Court, 476 P.2d 97 (1970)
Jurisdiction
California (state)
Effective Date
1970-11-10

Other Sections in This Document (98)

Full Text

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“The notion that the effectiveness of remedial legislation will be inhibited if those reporting violations of it can legally be intimidated is so fundamental that a presumption against the legality of such intimidation can be inferred as inherent in the legislation even if it is not expressed in the statute itself. . . . [W]e . . . have the task of reconciling and har*513monizing two federal statutes so as to best effectuate the purposes of each. The proper balance can only be struck by interpreting [the District of Columbia eviction statutes] as inapplicable where the court’s aid is invoked to effect an eviction in retaliation for reporting housing code violations.” (Fns. omitted.) (Id. at pp. 699-702.)