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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Unlike her section 1942.5 claims as pleaded in the eighth and fifteenth causes of action, Winslett grounds her tenth cause of action on Sagi's retributive tactics prior to the eviction proceedings. While Winslett's section 1942.5 claims incorporate and replead all of the background allegations in her first amended complaint, including paragraph 15-which alleges the initiation of unlawful detainer proceedings as the culminating act-the background allegations incorporated into her tenth cause of action omit that paragraph. Sagi tries to argue around the careful framing of this claim by selectively focusing on a vague reference in it to "misleading notices," an allegation he contends can only refer to the notice to quit, which marked the formal initiation of the unlawful detainer process. But that reading of Winslett's claim for violation of the Just Cause Ordinance seems to us a stretch. Whatever she may have meant in referring to "misleading notices," we do not understand it as shorthand to reallege what she deliberately skipped over by omitting paragraph 15.

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