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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MORENO, J., Concurring and Dissenting.
I agree with the majority that the judgment of the Court of Appeal must be reversed. The Court of Appeal erroneously held that “in unlawful detainer proceedings properly commenced under the Ellis Act, a tenant may not raise an affirmative defense of retaliatory eviction.” The Ellis Act (Gov. Code, § 7060 et seq.) expressly provides that it does not supersede Civil Code section 1942.5, which offers tenants protection against retaliatory eviction. The Ellis Act underscores this point by further stating that it is not intended to “[ojverride procedural protections designed to prevent abuse of the right to evict tenants.” (Gov. Code, § 7060.7, subd. (c).) It is clear, as the majority recognizes, that a tenant may raise the defense of retaliatory eviction in unlawful detainer proceedings brought under the Ellis Act.

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