Barela v. Superior Court

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 party in interest), had sexually molested her nine-year-old daughter.

Seven days later, on April 19, 1980, Valdez served Barela with a three-day notice to “Pay Rent or Quit.” He demanded rent of $650 per month, rather than the…