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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Section 1942

Citation
Section 1942
Parent Document
Drouet v. Superior Court, 73 P.3d 1185 (2003)
Jurisdiction
California (state)
Effective Date
2003-08-11

Other Sections in This Document (188)

Full Text

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The parties disagree vigorously over the significance of this conclusion. Landlord and some of his amici curiae contend that this is the end of the analysis—i.e., that once the landlord has complied with the Act's procedural requirements, the exception set forth in section 1942.5, subdivision (d), has been satisfied, and the statutory defense of retaliatory eviction has been overcome. Tenants and their amici curiae, on the other hand, contend that even those landlords who seek refuge under subdivision (d) must nonetheless demonstrate an absence of retaliatory motive in order to prevail in the unlawful detainer action.