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SITES v. SUPERIOR COURT

No. A092451.

103 Cal.Rptr.2d 432 (2001)

86 Cal.App.4th 504

Robert SITES et al., Petitioners, v. The SUPERIOR COURT of San Francisco County, Respondent; Daniel Rosenbledt, Real Party in Interest.

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

As Modified January 30, 2001.

Review Granted May 23, 2001.

Attorney(s) appearing for the Case

Raquel Fox, Tenderloin Housing Clinic, Inc., for Petitioners.

Andrew M. Zacks, James B. Kraus, Law Offices of Andrew M. Zacks, San Francisco, for Real Party in Interest.

Susan Burnett Luten, Amicus Curiae for Small Property Owners of San Francisco and The Berkeley Property Owners' Association on behalf of Real Party in Interest.

STEVENS, J.

Petitioners are tenants who face eviction from their apartments after the landlord withdrew the property from the rental market pursuant to the Ellis Act (Gov. Code, §§ 7060 et seq.). The substantive question posed by their petition for writ of mandate is whether the defense of retaliatory eviction may be raised in a proceeding for eviction pursuant to the Ellis Act. For the reasons we explain below, we conclude that writ relief is not available...

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