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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The legislative history of Government Code section 7060.1, subdivision (d), supports the conclusion that a landlord may not evict a tenant under the Ellis Act for a retaliatory purpose. As the majority recognizes, a Senate committee analysis of the legislation that enacted Government Code section 7060.1, subdivision (d), states that "`this provision would probably prohibit a landlord from going out of business if the tenant had requested repairs or reported housing code violations. An eviction of the tenant under such circumstances could be deemed a prohibited retaliatory eviction.'" (Maj. opn., ante, 3 Cal.Rptr.3d at p. 217, 73 P.3d at p. 1195.) The majority dismisses this compelling evidence of the intent of the Legislature, citing our decision in Folsom v. Butte County Assn. of Governments (1982) 32 Cal.3d 668, 186 Cal.Rptr. 589, 652 P.2d 437, to support its conclusion that "the use of the words `probably' and `could' are sufficiently tentative and equivocal to caution us against relying too heavily on this snippet." (Maj. opn., ante, 3 Cal.Rptr.3d at p. 217, 73 P.3d at p. 1195.) Our decision in Folsom v. Butte County Assn. of Governments does not support the majority's conclusion.

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