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 litigation privilege is "not without limit," as the Action Apartment court took pains to point out. ( Action Apartment , supra , 41 Cal.4th at p. 1242, 63 Cal.Rptr.3d 398, 163 P.3d 89.) Because recognition of the privilege here would neuter section 1942.5 by removing eviction from the statutory remedy of retaliatory eviction, we view the clash between section 47, subdivision (b), on the one hand, and section 1942.5, subdivisions (d) and (h), on the other, as irreconcilable. To be consistent with the high court's guidance that we give section 1942.5 a liberal construction designed to achieve the legislative purpose, we conclude that the litigation privilege must yield to it. ( Barela , supra , 30 Cal.3d at p. 251, 178 Cal.Rptr. 618, 636 P.2d 582 ; Banuelos , supra , 219 Cal.App.4th at p. 331, 161 Cal.Rptr.3d 772 ; cf .

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