BARELA v. SUPERIOR COURT

Docket No. L.A. 31444.

30 Cal.3d 244 (1981)

636 P.2d 582

178 Cal. Rptr. 618

ALICE BARELA, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; LEONARDO VALDEZ, Real Party in Interest.

Supreme Court of California.

November 27, 1981.


Attorney(s) appearing for the Case

COUNSEL

Katherine R. Wolff for Petitioner.

Ronald S. Javor, Fred Okrand, Ronald R. Talmo and Robert Klotz as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Paul G. Mast for Real Party in Interest.


OPINION

BIRD, C.J.

In an unlawful detainer action, may a renter raise as an affirmative defense the claim that a landlord seeks to evict in retaliation for the tenant's complaint to the police that the landlord has committed a crime?

I.

On April 12, 1980, petitioner, Alice Barela, called the Santa Ana Police Department to complain that her landlord, Leonardo Valdez (real...

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