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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Barela also put to rest any remaining "notion that the common law retaliatory eviction defense was preempted by statute," thereby definitively confirming that "California has two parallel and independent sources for the doctrine of retaliatory eviction." ( Glaser v. Meyers (1983) 137 Cal.App.3d 770, 775, 187 Cal.Rptr. 242.) In interpreting section 1942.5, the court was expansive, emphasizing the "important public policies" the remedies authorized by that statute serve. Section 1942.5, the court said, "is a remedial statute aimed at protecting tenants from certain types of abuses" ( Barela , supra , 30 Cal.3d at p. 251, 178 Cal.Rptr. 618, 636 P.2d 582 ), and "[i]mplicit in the passage of any remedial legislation is a general intent to protect from intimidation those who report violations of the law." ( Id . at p. 252, 178 Cal.Rptr. 618, 636 P.2d 582.) Thus, section 1942.5 is to be " 'liberally construed to effect its objectives and to suppress, not encourage, the mischief at which it was directed.' " ( Barela , supra , at p. 251, 178 Cal.Rptr. 618, 636 P.2d 582.) 2. Action Apartment v. City of Santa Monica

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