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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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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Like the majority, I would reverse the judgment of the Court of Appeal, but I would not hold, as does the majority, "that a landlord's bona fide intent to withdraw the property from the rental market under the Ellis Act will defeat the statutory defense of retaliatory eviction." (Maj. opn., ante, 3 Cal.Rptr.3d at p. 208, 73 P.3d at p. 1188.) In my view, the Ellis Act was not intended to permit a landlord to evict a tenant for a retaliatory purpose. WE CONCUR: KENNARD and WERDEGAR, JJ. NOTES