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DROUET v. SUPERIOR COURT

No. A092016.

104 Cal.Rptr.2d 159 (2001)

86 Cal.App.4th 1237

Joel DROUET, Petitioner, v. The SUPERIOR COURT of the City and County of San Francisco, Respondent; Jim Broustis et al., Real Parties in Interest.

Court of Appeals of California, First District, Division One.

Review Granted May 23, 2001.

Attorney(s) appearing for the Case

Andrew M. Zacks, San Francisco, James B. Kraus, San Diego, Law Offices of Andrew M. Zacks, San Francisco (Attorneys for Petitioner—Joel Drouet).

William M. Simpich, Oakland, Marc S. Janowitz, San Francisco (Attorneys for Real Parties in Interest—Jim Broustis & Ivy McClelland).

MARCHIANO, J.

The Ellis Act (Gov.Code, § 7060 et seq.) provides a statutory procedure allowing a landlord to remove rental units from the market and leave the landlord business— and, if necessary, evict tenants. Civil Code section 1942.5 provides for an affirmative defense to eviction, as well as an independent action for damages, when the eviction is in retaliation for the exercise of a tenant's rights...

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