4321. Affirmative Defense Retaliatory Eviction Tenants Complaint (Civ. Code, § 1942.5)

4321. Affirmative Defense--Retaliatory Eviction--Tenant's Complaint (Civ. Code, § 1942.5) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] claims that [name of plaintiff] is not entitled to evict [him/her/it] because [name of plaintiff] filed this lawsuit in retaliation for [name of defendant]'s having exercised [his/her/its] rights as a tenant. To succeed on this defense, [name of defendant] must prove all of the following: [1. 2. That [name of defendant] was not in default in the payment of [his/her/its] rent;] That [name of plaintiff] filed this lawsuit in retaliation because [name of defendant] had complained about the condition of the property to [[name of plaintiff]/[name of appropriate agency]]; and That [name of plaintiff] filed this lawsuit within 180 days after [Select the applicable date(s) or event(s):] [the date on which [name of defendant], in good faith, gave notice to [name of plaintiff] or made an oral complaint to [name of plaintiff] regarding the conditions of the property][./; or] [the date on which [name of defendant], in good faith, filed a written complaint, or an oral complaint that was registered or otherwise recorded in writing, with [name of appropriate agency], of which [name of plaintiff] had notice, for the purpose of obtaining correction of a condition of the property][./; or] [the date of an inspection or a citation, resulting from a complaint to [name of appropriate agency] of which [name of plaintiff] did not have 3. 4321. Affirmative Defense--Retaliatory Eviction--Tenant's Complaint (Civ. Code, § 1942.5) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 notice][./; or] [the filing of appropriate documents to begin a judicial or an arbitration proceeding involving the conditions of the property][./; or] [entry of judgment or the signing of an arbitration award that determined the issue of the conditions of the property against [name of plaintiff]]. [Even if [name of defendant] has proved that [name of plaintiff] filed this lawsuit with a retaliatory motive, [name of plaintiff] is still entitled to possession of the premises if [he/she/it] proves that [he/she/it] also filed the lawsuit in good faith for a reason stated in the [3/30/60]-day notice.] ________________________________________________________________________________ New August 2007; Revised June 2010