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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 1942

Citation
Section 1942
Parent Document
Banuelos v. LA Investment CA2/1, 219 Cal. App. 4th 323 (2013)
Jurisdiction
California (state)
Effective Date
2013-09-03

Full Text

1,025 chars
Section 1942.5, subdivision (c) creates a cause of action against a landlord who
“bring[s] an action to recover possession . . . for the purpose of retaliating against the
lessee because he or she has lawfully organized or participated in a lessees’ association or
an organization advocating lessees’ rights or has lawfully and peaceably exercised any
rights under the law.” Subdivision (f) of the statute states, “Any lessor or agent of a
lessor who violates this section shall be liable to the lessee in a civil action for all of the
following: [¶] (1) The actual damages sustained by the lessee. [¶] (2) Punitive damages in
an amount of not less than one hundred dollars ($100) nor more than two thousand
dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud,
oppression, or malice with respect to that act.” The landlord can defend against an
action for retaliatory eviction by showing that it acted for “any lawful cause” (§ 1942.5,
subd. (d)) or “in good faith” (id., subd. (e)).3