Glaser

Glaser v. Meyers

Bad Law
137 Cal. App. 3d 770·187 Cal. Rptr. 242·1982 Cal. App. LEXIS 2167
Court of Appeal of CaliforniaNovember 26, 1982Civ. 53058California2,582 words

Opinion

Opinion

Scott, J.

This appeal is from a judgment awarding plaintiff $10,000 in compensatory damages in his action for retaliatory eviction.

The facts, stated in the light most favorable to the prevailing party, are as follows. In late December 1973, plaintiff Fritz Glaser and his wife, a retired couple, purchased a mobilehome and rented a space in Brookwood Mobile Home Park, owned by defendants Lewis Meyers and Ernest Thomas. On July 2, 1974, Glaser attended a Santa Rosa City Council meeting, and complained about a lack of water, and dust, at the park. On July 8, the Glasers received an eviction notice, giving them 60 days to terminate their tenancy for conduct constituting an annoyance to other tenants or interference with park management, and failure to comply with the rules and regulations of the mobilehome park. On August 1, defendants’ lawyer sent Glaser a letter informing him of the legal consequences of a failure to vacate the premises.

On about September 10, 1974, Glaser filed a complaint against defendants for declaratory and injunctive relief, requesting that any eviction be enjoined. No unlawful detainer action was ever filed against the Glasers. While no one from the…

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