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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Government Code section 7060.1, subdivision (d), provides that nothing in the Ellis Act "[supersedes any provision of ... Title 5 (commencing with Section 1925) of Part 4 of Division 3 of the Civil Code...." The Court of Appeal wrestled with the meaning of this subdivision, deciding ultimately that "[i]n the Ellis Act context it would be a superficial act of interpretation to conclude that the use of the term `supersede,' in reference to a broad and detailed statutory scheme of the Civil Code, necessarily meant that a particular eviction defensefound in a single statuteremained applicable. The Legislature did not single out section 1942.5, but broadly referenced title 5, which includes sections 1925 through 1997.270 [of the Civil Code]." After weighing the competing policies of the two statutes, the Court of Appeal deemed it "unreasonable to conclude that in the process of making broad references to entire systems of statutes in the Ellis Act, the Legislature intended the defense of retaliatory eviction to apply to unlawful detainer proceedings under the Act." Landlord asks us to embrace this reasoning and find that the Ellis Act superseded section 1942.5.

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