Wiles

Wiles v. McClure CA1/3

Good Law
Court of Appeal of CaliforniaAugust 27, 2021A161165California1,779 words

Opinion

Opinion

Jackson, J.

BACKGROUND

We recite only those facts necessary to resolve the issue on appeal and disregard factual assertions in the parties’ briefs that are unsupported by

Undesignated statutory references are to the Civil Code. Section

1942.5, subdivision (i) provides that in “any action brought for damages for retaliatory eviction, the court shall award reasonable attorney’s fees to the prevailing party if either party requests attorney’s fees upon the initiation of the action.”

1 record citations. (Falcon v. Long Beach Genetics, Inc. (2014) 224 Cal.App.4th 1263, 1267.) A. Wiles is intellectually and physically disabled. He cannot work. His only source of income is government assistance. In 2002, with the assistance of a federal housing subsidy, Wiles rented an apartment in a building owned by McClure. In 2018, McClure filed an unlawful detainer action against Wiles. A short time later, the parties settled. They signed a stipulation for entry of judgment or dismissal (2018 stipulation) providing that with “the exception of the rights set forth herein, the parties waive any and all other rights arising from this tenancy.” (Italics added.) The following year, Wiles filed a lawsuit…

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