Aweeka

On this appeal by the tenants from a judgment of dismissal entered after the court sustained without leave to amend the landlords’ demurrer to their amended complaint, the questions are whether causes of action were stated for retaliatory eviction, for intentional infliction of mental distress, and the propriety of the trial court’s denial of the tenants’ request for a preliminary injunction.

On an appeal from a judgment of .dismissal sustaining a demurrer, all of the facts set forth in the pleadings must be accepted as true (Schneider v. Union Oil Co., 6 Cal.App.3d 987 [ 86 Cal.Rptr. 315 ]). Appellants’ amended complaint alleged that in July 1968, they entered into a month-to-month oral rental agreement for Apartment A in the 12-unit building owned by Bonds, at a rental of $65 per month. On January 1, 1969, the oral rental agreement was amended to raise the monthly rental to $75 as of February 1, 1969, for all of the apartments on the premises.

On numerous occasions after appellants entered into possession of Apartment A, they informed Bonds that the shower on the floor above leaked into their bedroom, also causing the loose plaster surrounding the leak to fall, and…

I dissent. The majority, in my opinion, has adopted an unwarranted proliferation of Schweiger v. Superior Court, 3 Cal.3d 507 [ 90 Cal.Rptr. 729 , 476 P.2d 97 ]. The potential results of today’s decision are far-reaching and unfairly place a California landlord in a very precarious position.

If the majority opinion stands as the law of this state, any landlord who rejects a demand to repair and who thereafter seeks to either raise the rent or evict a month-to-month tenant will be exposing himself to the jeopardy of a lawsuit , by the tenant with the potential consequences of (1) an injunction against the rent increase and/or eviction; (2) general damages; (3) punitive damages for “intentional infliction of emotional distress.”

*283 At a time when the judicial system is laboring under a load which includes an inordinate quantity of needless, and often frivolous, vexatious litigation, the effect of the majority’s decision is to create yet another breeding ground.

Schweiger in no way suggests that a tenant has any affirmative cause of action. On the contrary, the court repeatedly refers to the “defense” of retaliatory eviction; and, indeed, the court posed the precise question…

On this appeal by the tenants from a judgment of dismissal entered after the court sustained without leave to amend the landlords' demurrer to their amended complaint, the questions are whether causes of action were stated for retaliatory eviction, for intentional infliction of mental distress, and the propriety of the trial court's denial of the tenants' request for a preliminary injunction.

(1) On an appeal from a judgment of dismissal sustaining a demurrer, all of the facts set forth in the pleadings must be accepted as true ( Schneider v. Union Oil Co., 6 Cal. App.3d 987 [ 86 Cal. Rptr. 315 ]). (2) Appellants' amended complaint alleged that in July 1968, they entered into a month-to-month oral rental agreement for Apartment A in the 12-unit building owned by Bonds, at a rental of $65 per month. On January 1, 1969, the oral rental agreement was amended to raise the monthly rental to $75 as of February 1, 1969, for all of the apartments on the premises.

On numerous occasions after appellants entered into possession of Apartment A, they informed Bonds that the shower on the floor above leaked into their bedroom, also causing the loose plaster surrounding…