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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Section 1942.5, subdivisions (d) and (h) are not only more specific than section 47, subdivision (b), they are also later enacted. Section 47 was enacted in 1872 (and was amended in 1873-1874 to specify a privileged publication is one made " 'in any legislative or judicial proceeding, or in any other official proceeding authorized by law' ") (see Historical and Statutory Notes, 6 West's Ann. Civ. Code (2007 ed.) foll. § 47, p. 303), predating the statutory retaliatory eviction cause of action in section 1942.5 by more than a century. Bearing in mind both principles of construction (see *255Collection Bureau of San Jose v. Rumsey (2000) 24 Cal.4th 301, 310, 99 Cal.Rptr.2d 792, 6 P.3d 713 ["[i]f conflicting statutes cannot be reconciled, later enactments supersede earlier ones ... and more specific provisions take precedence over more general ones"] ), we conclude that the Legislature must have been fully aware of the existing litigation privilege and intended to override it when it authorized an affirmative cause of action to combat retaliatory eviction. To justify a contrary conclusion, we would have to believe that the Legislature "intended to do a useless act." ( Banuelos , supra , 219 Cal.App.4th at p. 335, 161 Cal.Rptr.3d 772.)

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