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/ ↗

Full Text

999 chars

Separate and apart from his litigation privilege argument, Sagi argues that Winslett cannot establish a claim for retaliatory eviction under section 1942.5, subdivision (d) because she was not evicted. Drawing on Banuelos for what little assistance it might offer him here, Sagi cites a portion of the Banuelos opinion holding that "[a plaintiff] cannot state a common law cause of action for retaliatory eviction because that cause of action applies only to conduct that causes the tenant to involuntarily vacate the premises." ( Banuelos, supra, 219 Cal.App.4th at p. 328, 161 Cal.Rptr.3d 772, italics added.) In Banuelos , the court ruled that while a common law cause of action requires actual eviction, a claim under section 1942.5 does not. ( Banuelos, at pp. 328, 336, 161 Cal.Rptr.3d 772.) In this case, on the other hand, Winslett's claim for retaliatory eviction is based on section 1942.5, subdivision (d), not common law, so Sagi's attempt to apply Banuelos in his favor misses the mark.

Other Sections in This Document (73)

Full Text