Can a tenant of a mobile home park claim damages under section 1942.5 of the California Civil Code for retaliation?

California, United States of America


The following excerpt is from Banuelos v. La Inv., LLC, B239123 (Cal. App. 2013):

'liberally construed to effect its objectives and to suppress, not encourage, the mischief at which it was directed. [Citation.]'" (Barela v. Superior Court (1981) 30 Cal.3d 244, 251.)

In Rich v. Schwab (1998) 63 Cal.App.4th 803, 812, the appellate court held that the cause of action for retaliation recognized by section 1942.5 applies to tenants of a mobile home park. The court reasoned: "By their terms, subdivisions (c) and (f) of section 1942.5 give a right of action to any lessee who has been subjected to an act of unlawful retaliation. Thus, on its face the statute provides protection to mobilehome park tenants who own their own dwellings and merely rent space from their landlord."

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