Bisno v. DOUGLAS EMMETT REALTY FUND 1988, 174 Cal. App. 4th 1534 (2009)

Citation: Bisno v. DOUGLAS EMMETT REALTY FUND 1988, 174 Cal. App. 4th 1534 (2009)
Parent Document: Bisno v. DOUGLAS EMMETT REALTY FUND 1988, 174 Cal. App. 4th 1534 (2009)
Jurisdiction: California (state)
Effective Date: 2009-06-19
Original Source: https://www.courtlistener.com/opinion/2267097/bisno-v-douglas-emmett-realty-f... ↗

Full Text

1,260 chars

Bisno then sued Emmett for malicious prosecution for having brought the unlawful detainer action. Bisno alleged that the unlawful detainer action was just the last step in a campaign of harassment by Emmett designed to drive him from his rent-controlled apartment. His complaint also included causes of action under two provisions of Santa Monica’s rent control laws: charter amendment section 1806 (C.A. section 1806), which establishes a cause of action for wrongful eviction, including actual and punitive damages, against landlords who serve notices to quit or bring unlawful detainer actions unless the tenant has failed to pay the rent or otherwise committed some material breach of the lease; and charter amendment section 1809 (C.A. section 1809), which establishes a cause of action based on improper demands for unwarranted and excessive rent, including actual damages, attorney’s fees, and a civil penalty of treble damages if the landlord acted willfully and maliciously. Bisno also stated a cause of action for breach of contract, based on allegations that Emmett demanded an unauthorized rent increase and refused to accept the lawful rent of $1,100; brought the unwarranted unlawful detainer action; and breached his covenant of quiet enjoyment.

Other Sections in This Document (132)

Full Text