Section 520
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...
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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 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 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 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 Date filed: 1952-02-08 Doctrine: retaliation Source: https://www.courtlistener.com/opinion/1138834/findley-v-garrett/ --- 010combined by Wood --- WOOD (Parker), J.
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...
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...
but went into effect after the opinion issued—a court may protect from retaliation only the tenant conduct specified in the statute. (Note.
did not hold as a matter of law that a defendant could retaliate against a person for filing a complaint against defendant. (Ibid.)
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.
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...
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...
...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
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,
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.
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.
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 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...
...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...
[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...