Custom Parking, Inc. v. Superior Court

Opinion

FEINBERG, J.

Petitioner, a commercial tenant, seeks writ of mandate to vacate a judgment in unlawful detainer and to require the trial court to hear petitioner’s defense of retaliatory eviction. The defense raises a claim that Ronald R. MacAnnan, real party in interest, terminated petitioner’s tenancy because petitioner’s officers and employees refused to perjure themselves in an action involving real party and other tenants of real party.

Issue

May the defense of retaliatory eviction be raised in an unlawful detainer action brought against a commercial, as opposed to a residential,…