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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*252Over the landlord's objection that extending S.P. Growers would hinder the summary eviction process, the Barela court explained that " '[s]ome delay, of course, is inherent in any fair-minded system of justice. ... Our courts were never intended to serve as rubber stamps for landlords seeking to evict their tenants, but rather to see that justice be done before a man (or woman) is evicted from his (or her) home.' " ( Barela , supra , 30 Cal.3d at p. 244, 178 Cal.Rptr. 618, 636 P.2d 582.) The court concluded that "[t]his case is an even stronger one than S.P. Growers ... wherein this court stressed the importance of preventing retaliatory evictions ... [through] a remedial scheme [that] depends upon private initiative for enforcement. ... [¶] The strong public policy interests in preserving the summary nature of the unlawful detainer proceeding will not be significantly impaired if the affirmative defense of retaliatory eviction is allowed here." ( Barela , supra , 30 Cal.3d at p. 244, 178 Cal.Rptr. 618, 636 P.2d 582.)

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