Boston LLC v. Juarez (2015)

Citation: Boston LLC v. Juarez (2015)
Parent Document: Boston LLC v. Juarez (2015)
Jurisdiction: California (state)
Effective Date: 2015-10-02
Original Source: https://www.courtlistener.com/opinion/3006950/boston-llc-v-juarez/ ↗

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We do not decide whether the forfeiture clause rendered the retaliatory eviction defense
inapplicable. Even assuming the court erred in determining retaliatory eviction was not a valid
defense, reversal is unwarranted due to defendant’s failure to establish he was prejudiced by the
error. “‘Prejudice is not presumed, and the burden is on the appealing party to demonstrate that
a miscarriage of justice has occurred.’ [Citation.] To establish prejudice, an appellant must
show a reasonable probability exists that, in the absence of the error, he or she would have
obtained a more favorable result. [Citation.]” (People ex rel. City of Santa Monica v. Gabriel
(2010) 186 Cal.App.4th 882, 887.)

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