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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Because the scheme of retaliatory eviction remedies in section 1942.5 meets the test of specificity set out in Action Apartment and would be rendered significantly inoperative if the litigation privilege were to apply, we agree with our Second District, Division One colleagues in Banuelos v. LA Investment, LLC (2013) 219 Cal.App.4th 323, 161 Cal.Rptr.3d 772 ( Banuelos ) that section 1942.5, subdivisions (d) and (h) -in Banuelos , former subdivisions (c) and (f)-create an exception to the litigation privilege. "The statute's reference to a landlord's liability 'in a civil action' for bringing 'an action to recover possession' in retaliation for a tenant's exercise of rights coupled with the provision recognizing a good faith defense 'at the trial or other hearing' demonstrates that the Legislature intended to create a cause of action for retaliatory eviction that is not barred by the litigation privilege. If the litigation privilege trumped a suit for retaliatory eviction under section 1942.5 the privilege would ' "effectively immunize conduct that the [statute] prohibits" ' [citation], thereby encouraging, rather than suppressing, ' "the mischief at which it was directed. [Citation.]" ' " ( Banuelos , supra , at p. 332, 161 Cal.Rptr.3d 772.)

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