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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*258Citing Drouet v. Superior Court (2003) 31 Cal.4th 583, 3 Cal.Rptr.3d 205, 73 P.3d 1185 ( Drouet ), Sagi adds a twist to this line of argument, based on proviso language in section 1942.5, former subdivision (d), stating that " '[n]othing in this section shall be construed as limiting in any way the exercise by the lessor of his [or her] rights under any lease or agreement or any law pertaining to the hiring of property or his [or her] right to do any of the acts described in subdivision[s] (a) or [former] (c) for any lawful cause.' " ( Drouet, supra, at p. 592, 3 Cal.Rptr.3d 205, 73 P.3d 1185, italics added, citing § 1942.5, former subd. (d).)10 He argues that, given the proviso insulating landlord actions undertaken by "agreement," Winslett cannot make out a statutory retaliatory eviction claim because she agreed to abandon her tenancy. The argument is mistaken. Only lawful eviction proceedings are protected by former subdivision (d), while retaliatory eviction is not. Both section 1942.5, former subdivision (f) and its current embodiment in section 1942.5, subdivision (h) state that "[a]ny lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action."

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