Section 1942

Citation: Section 1942
Parent Document: Drouet v. Superior Court, 73 P.3d 1185 (2003)
Jurisdiction: California (state)
Effective Date: 2003-08-11
Original Source: https://www.courtlistener.com/opinion/2585536/drouet-v-superior-court/ ↗

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It does not follow, however, that section 1942.5 should be read to supersede the Act. When the Legislature provides that one law does not supersede another, the two are to be construed together. (San Mateo City School Dist. v. Public Employment Relations Bd. (1983) 33 Cal.3d 850, 864-865 [191 Cal.Rptr. 800, 663 P.2d 523] [Education Code section 3540, which says that “[n]othing contained herein shall be deemed to supersede other provisions of the Education Code,” should be construed “in harmony with . . . existing sections of the Education Code”]; Taylor v. Albion Lumber Co. (1917) 176 Cal. 347, 350-351 [168 P. 348] [“ ‘Section 1970 of the Civil Code is to be construed with [Code of Civil Procedure] section 377, not as superseding it’ ”]; Masonite Corp. v. County of Mendocino Air Quality Management Dist. (1996) 42 Cal.App.4th 436, 451, fn. 11 [49 Cal.Rptr.2d 639].) The parties therefore agree that our task is to harmonize the two *594schemes, provided that in doing so section 1942.5 is not “ ‘replaced, set aside or annulled by’ ” the Ellis Act. (San Mateo City School Dist. v. Public Employment Relations Bd., supra, 33 Cal.3d at p. 864; accord, Black’s Law Dict. (7th ed. 1999) p. 1452 [defining “supersede” as “annul, make void, or repeal by taking the place of’].) For the reasons set forth below, we do not find that permitting a landlord to invoke in good faith his or her right to withdraw the property from the rental market would replace, set aside, or annul section 1942.5.

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