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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The statutory history traced above, intertwined with the parallel common law developments out of which the statute arose, provides considerable support for this conclusion. Section 1942.5, subdivisions (d) and (h) seek to vindicate policies that "depend[ ] for [their] effectiveness on private initiative and would thus be emasculated by allowing punitive *40eviction." ( S.P. Growers , supra , 17 Cal.3d at p. 728, 131 Cal.Rptr. 761, 552 P.2d 721.) By building upon the common law doctrine of retaliatory eviction, the Legislature embraced the high court's recognition of the vital importance of private enforcement in this arena. What makes the affirmative statutory claim for retaliatory eviction more potent as an enforcement tool than the defense of retaliatory eviction is precisely the fact that, at the tenant's option, it may be asserted independently-as Winslett chose to do here-outside of summary eviction proceedings. Presumably, the Legislature recognized this and chose to create an affirmative cause of action because it viewed the opportunity to raise the issue of retaliatory eviction by way of defense as inadequate, given the inherent constraints of summary eviction proceedings.9

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