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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Kriz v. Taylor, 92 Cal. App. 3d 302 (1979)

Citation
Kriz v. Taylor, 92 Cal. App. 3d 302 (1979)
Parent Document
Kriz v. Taylor, 92 Cal. App. 3d 302 (1979)
Jurisdiction
California (state)
Effective Date
1979-04-25

Other Sections in This Document (80)

Full Text

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Tenant’s answer, filed November 8, raised affirmative defenses of breach of the warranty of habitability and of retaliatory eviction in violation of section 1942.5 and “case law.” A court trial was held November 30. As the engrossed statement on appeal states: “[Tenant] objected to any evidence regarding good cause to evict on the grounds that Civ. Code § 1942.5(d) precludes evidence of good cause to rebut a claim of retaliatory eviction unless the facts alleged constituting good cause were first in the 30 (or 3) day notice and pleaded in [Landlord’s] complaint, which had not been done here. This objection was overruled on the grounds that Civ. Code § 1942.5(a) allows a landlord to give notice within sixty days and only prevents the court from awarding possession to [Landlord] within said period.”