Custom Parking, Inc. v. Superior Court

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, tenant?

Procedural Sequence and Pertinent Facts

For more than 15 years, petitioner or its chief executive officer has been the tenant, on a month-to-month basis, of a parking lot property on Bridgeway in Sausalito. Real party has been the landlord since 1976. The parking lot operated by petitioner has served restaurants operated by other tenants of real party. Over the years, real party has become embroiled in several lawsuits with the restaurant tenants. Petitioner’s retaliatory eviction defense offers to prove that real party made improper attempts to influence petitioner’s employees to testify…