Kriz
Kriz v. Taylor
Opinion
Opinion
Potter, J.
Helen Taylor (hereinafter Tenant) appeals from a December 6, 1977, municipal court judgment in an unlawful detainer action awarding Frank Kriz (hereinafter Landlord) restitution of the premises and $371 as rent and damages.
A prior unlawful detainer action by Landlord against Tenant had resulted in entry of judgment in favor of Tenant on September 1, 1977. The court therein specifically found that Landlord had breached the warranty of habitability, that his “dominant purpose” in seeking to evict Tenant was retaliation for her complaints about said breach to Landlord and to the county health services department, and that as an offset for damages suffered from this breach, Tenant was not obligated to pay rent for the month of August.
On September 8, 1977, seven days after the first judgment, Landlord served Tenant with a thirty-day notice to quit. Tenant’s tender of rent for the month of September was refused. On October 12, 1977, the new unlawful detainer complaint in this action was filed. Neither the 30-day notice nor the complaint stated any ground upon which Landlord, in good faith, sought to recover possession.