Here’s a case summary I recently wrote for California Landlord-Tenant Practice (CEB):
In Ramirez v. Wong (2010) 188 CA4th 1480, 116 CR3d 412, a male resident manager entered an apartment occupied by two female tenants while they were out, opened their dresser drawer, and sniffed their underwear. The court held that this did not violate Civil Code §51.7, because this involved no threat of violence. Nor was it sexual harassment under Civil Code §51.9, as it involved no interaction between the manager and the tenants, i.e., the tenants were unaware of the conduct while it was happening.
MM: But what about Civil Code §1954(a), which allows the landlord to enter the tenant’s premises only for certain specified purposes – not including underwear-sniffing? Did the tenant’s lawyer drop the ball by not alleging §1954(a) as a basis for liability?