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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I concur in the judgment and opinion of the court. I write separately in order to *219 express my understanding on three points the superior court will, upon remand, have to consider in ruling upon the landlord's motion for summary judgment: (1) The landlord's filing of a notice of intent to withdraw his property from the rental market, as required by the San Francisco Municipal Code (S.F.Admin.Code, § 37.9A, subd. (f)), creates a nonstatutory rebuttable presumption that the landlord's intent is bona fide.[1] (2) The tenant will, therefore, bear the burden of producing evidence sufficient to overcome this presumption, i.e., sufficient to establish that the landlord intends to re-rent the property. (3) The landlord's motive in withdrawing his property from the rental market is irrelevant.

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