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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Showing 61–80 of 457 results

Section 520

Western Land Office, Inc. v. Cervantes, 175 Cal. App. 3d 724 (1985) California state

In its opinion the California Supreme Court recognized for the first time “a defense that the eviction is sought in retaliation for the exercise of statutory rights by the tenant.” (Id., at p. 517.) It issued a peremptory writ of...

Gombiner v. Swartz, 167 Cal. App. 4th 1365 (2008)

Gombiner v. Swartz, 167 Cal. App. 4th 1365 (2008) California state

Gombiner v. Swartz 167 Cal. App. 4th 1365 Date filed: 2008-10-29 Doctrine: retaliation Source: https://www.courtlistener.com/opinion/2259791/gombiner-v-swartz/ --- 010combined by Rubin --- Opinion RUBIN, J.

Adamson Companies v. Zipp, 163 Cal. App. 3d 1 (1984)

Adamson Companies v. Zipp, 163 Cal. App. 3d 1 (1984) California state

Adamson Companies v. Zipp 163 Cal. App. 3d 1 Date filed: 1984-11-15 Doctrine: retaliation Source: https://www.courtlistener.com/opinion/2139884/adamson-companies-v-zipp/ --- 010combined ---

Bernheimer v. Bernheimer, 87 Cal. App. 2d 242 (1948)

Bernheimer v. Bernheimer, 87 Cal. App. 2d 242 (1948) California state

Bernheimer v. Bernheimer 87 Cal. App. 2d 242 Date filed: 1948-08-19 Doctrine: retaliation Source: https://www.courtlistener.com/opinion/1370169/bernheimer-v-bernheimer/ --- 010combined by York --- YORK, P. J.

Findley v. Garrett, 109 Cal. App. 2d 166 (1952)

Findley v. Garrett, 109 Cal. App. 2d 166 (1952) California state

Findley v. Garrett 109 Cal. App. 2d 166 Date filed: 1952-02-08 Doctrine: retaliation Source: https://www.courtlistener.com/opinion/1138834/findley-v-garrett/ --- 010combined by Wood --- WOOD (Parker), J.

Section 425

Wallace v. McCubbin, 196 Cal. App. 4th 1169 (2011) California state

Because Wallace and Owen failed to establish a probability of prevailing on their claims for wrongful eviction and retaliation, the trial court *1216erred in denying the motion to strike. The first and 13th causes of action must be struck as...

Section 1942

Barela v. Superior Court, 636 P.2d 582 (1981) California state

The facts of this case clearly demonstrate that petitioner was evicted in retaliation for her complaint to the police. Therefore, this court must assume that the trial court found such a factual showing insufficient as a matter of law to...

Rich v. Schwab, 162 Cal. App. 3d 739 (1984)

Rich v. Schwab, 162 Cal. App. 3d 739 (1984) California state

Rich v. Schwab 162 Cal. App. 3d 739 Date filed: 1984-12-14 Doctrine: retaliation Source: https://www.courtlistener.com/opinion/2163911/rich-v-schwab/ --- 010combined by Brown --- Opinion BROWN (Gerald), P. J.

Boston LLC v. Juarez (2015)

Boston LLC v. Juarez (2015) California state

Plaintiff moved in one of its in limine motions to bar the use of defendant’s special verdict regarding retaliation. Although the proposed special verdict itself is not part of the record, plaintiff in its motion quoted the proposed verdict...

Boston LLC v. Juarez (2015)

Boston LLC v. Juarez (2015) California state

10 [plaintiff’s] dominant intent retaliation against [defendant] for exercising his rights as a tenant?” This question appeared to be based on LARSO’s retaliatory eviction defense, which required proof of plaintiff’s “dominant intent,” but the motion failed to...

Section 520

Western Land Office, Inc. v. Cervantes, 175 Cal. App. 3d 724 (1985) California state

...Under former Civil Code section 1942.5, subdivision (b), a tenant could assert his statutory defense of retaliation only once in any 12-month *736

Barela v. Superior Court, 636 P.2d 582 (1981)

Barela v. Superior Court, 636 P.2d 582 (1981) California state

this court held that an eviction in retaliation for the filing of a federal lawsuit charging violations of a federal farm labor statute was *250 improper. The test set down in S.P. Growers, supra,

Rich v. Schwab, 75 Cal. Rptr. 2d 170 (1998)

Rich v. Schwab, 75 Cal. Rptr. 2d 170 (1998) California state

In this case we consider the remedies available to mobilehome park tenants when the owners of the park raise the tenants' rent in retaliation for the tenants' efforts to obtain relief from earlier rent increases.

Rich v. Schwab, 63 Cal. App. 4th 803 (1998)

Rich v. Schwab, 63 Cal. App. 4th 803 (1998) California state

In this case we consider the remedies available to mobilehome park tenants when the owners of the park raise the tenants’ rent in retaliation for the tenants’ efforts to obtain relief from earlier rent increases.

S. P. Growers Ass'n v. Rodriguez, 552 P.2d 721 (1976)

S. P. Growers Ass'n v. Rodriguez, 552 P.2d 721 (1976) California state

an attempt has allegedly been made to retaliate against persons under state law for seeking to invoke a remedial federal statute. 3 Also as in Nash,

Morrison v. Vineyard Creek L.P., 193 Cal. App. 4th 1254 (2011)

Morrison v. Vineyard Creek L.P., 193 Cal. App. 4th 1254 (2011) California state

...Morrison on account of her source of income”; and “[retaliating against Ms. Morrison for asserting her rights under the rental agreement and the law.” It is highly questionable, however, that Vineyard Creek’s general promises to comply with housing laws...

Section 1942

Banuelos v. LA Investment CA2/1, 219 Cal. App. 4th 323 (2013) California state

...The landlord retaliated against the tenant the next month by more than doubling the tenant’s rent and, when the tenant failed to pay the increased amount, brought an unlawful detainer action to evict the tenant. In upholding the tenant...

Drouet v. Superior Court, 104 Cal. Rptr. 2d 159 (2001)

Drouet v. Superior Court, 104 Cal. Rptr. 2d 159 (2001) California state

[6] In addition, a landlord may not evict a tenant in retaliation for organizing or participating in a tenants' rights organization, or for "lawfully and peaceably" exercising "any rights under the law." (Civ.Code, § 1942.5, subd. (c).) This subdivision...