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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (73)

Full Text

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Second, the court drew on authority from a wholly different context, but one presenting similar considerations to those at issue with landlord retaliation against tenants. Citing the seminal employee termination in violation of public policy case (Petermann v. International Brotherhood of Teamsters (1959) 174 Cal.App.2d 184, 344 P.2d 25 [employer's otherwise unfettered right of at-will termination does not permit termination of employee for his refusal to commit perjury] ), the court said that landlord retaliation can cross a similar line. "[S]uch cases 'instruct us that one may not exercise normally unrestricted power if his reasons for its exercise contravene public policy.' " (S.P. Growers, supra, 17 Cal.3d at p. 728, 131 Cal.Rptr. 761, 552 P.2d 721.)