What is the common law common law defense in an unlawful detainer action?

California, United States of America


The following excerpt is from Drouet v. Superior Court, 3 Cal.Rptr.3d 205, 31 Cal.4th 583, 73 P.3d 1185 (Cal. 2003):

Applying this "persuasive reasoning" to our own state (Schweiger, supra, 3 Cal.3d at p. 513, 90 Cal.Rptr. 729, 476 P.2d 97), we chose "to recognize in unlawful detainer actions a defense that the eviction is sought in retaliation for the exercise of statutory rights by the tenant." (Id. at p. 517, 90 Cal.Rptr. 729, 476 P.2d 97.) We later commented that the substance of this common-law defense was codified in section 1942.5 (Barela v. Superior Court (1981) 30 Cal.3d 244, 249, 178 Cal.Rptr. 618, 636 P.2d 582), which had been enacted prior to Schweiger but did not become effective until the following year. (Schweiger, supra, 3 Cal.3d at p. 516, fn. 4, 90 Cal.Rptr. 729, 476 P.2d 97.)

Other Questions


When a judge refers to "common sense, common-sense, popular parlance" or "common-sense", does this mean that the judge must be able to rely solely on common sense or common- sense? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Does a landlord have a right to a retaliatory eviction defense to an unlawful detainer action? (California, United States of America)
Can a judgment in an unlawful detainer action be used as a bar to recover damages in the present action? (California, United States of America)
Can a certificate of occupancy be used as a defense to an action for unlawful detainer? (California, United States of America)
Does the statute of limitations apply when excess rent is offsetted as an affirmative defense to an unlawful detainer action? (California, United States of America)
Does the statute of limitations apply when excess rent is used as an affirmative defense to an unlawful detainer action? (California, United States of America)
Can an unlawful detainer action be consolidated with a separate fraud action? (California, United States of America)
Is a landlord's unlawful detainer action followed by a tenant's lawsuit? (California, United States of America)
Can a purchaser at a sale under a deed of trust bring a cross-complaint and affirmative defense in a proceeding in unlawful detainer? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.