4322. Affirmative Defense Retaliatory Eviction Engaging In Legally Protected Activity

4322. Affirmative Defense--Retaliatory Eviction--Engaging in Legally Protected Activity (Civ. Code, § 1942.5(c)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] claims that [name of plaintiff] is not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 engaged in legally protected activities. To succeed on this defense, [name of defendant] must prove both of the following: 1. [Insert one or both of the following options:] [That [name of defendant] lawfully organized or participated in [a tenants' association/an organization advocating tenants' rights];] [or] [That [name of defendant] lawfully and peaceably [insert description of lawful activity];] AND 2. That [name of plaintiff] filed this lawsuit because [name of defendant] engaged in [this activity/these activities]. [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