You have a very unfortunate situation. However, the facts don't support a claim for "retaliatory eviction". For an explanation of what retaliatory eviction is under California law, see the guide at pages 79-81:
If you have not paid rent, it is very difficult to successfully defend an unlawful detainer lawsuit based upon non-payment of rent.
If the basis for an unlawful detainer is service of a 30 or 60 day notice, it is also very difficult to defend an unlawful detainer case (except for procedural defects in the service of the notice). In most instances (except in rent control jurisdictions), a 30/60 day notice does not require any explanation.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
I think it's clearly retaliatory and there are statutes that specifically protect against domestic violence based eviction.
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