Section 1942

Citation: Section 1942
Parent Document: Winslett v. 1811 27th Ave., LLC, 237 Cal. Rptr. 3d 25 (2018)
Jurisdiction: California (state)
Effective Date: 2018-08-15
Original Source: https://www.courtlistener.com/opinion/6239848/winslett-v-1811-27th-ave-llc/ ↗

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Two years after its decision in Green v. Superior Court, supra , 10 Cal.3d 616, 111 Cal.Rptr. 704, 517 P.2d 1168, the high court went a step further in S.P. Growers Assn. v. Rodriguez (1976) 17 Cal.3d 719, 131 Cal.Rptr. 761, 552 P.2d 721 ( S.P. Growers ), a retaliation case that had nothing to do with tenantability. S.P. Growers created a variant of the Schweiger rule for retaliation against the exercise of legally protected rights. The landlord in that case was a corporate agricultural employer who evicted migrant farmworker tenants for bringing suit against it to enforce their rights under the federal Farm Labor Contractor Registration Act. Upholding the tenants' right to claim retaliation in these circumstances, the court concluded that "the holding in Schweiger [, supra , 3 Cal.3d 507, 90 Cal.Rptr. 729, 476 P.2d 97 ] cannot be limited to the *251narrow proposition that tenants are protected from retaliation only when they take action concerning the conditions of their tenancy." ( S.P. Growers , supra , at p. 728, 131 Cal.Rptr. 761, 552 P.2d 721.) Regardless of whether the statutory rights a tenant seeks to exercise are created by Congress or the Legislature, "the crucial question" is whether the statutory policy being vindicated "depends for its effectiveness on private initiative and would thus be emasculated by allowing punitive eviction." ( Ibid . )7

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