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Morongo Valley
Eviction
Appeal Rehearing Request CIV A.1197 7
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Appeal Rehearing Request CIV A.1197
April 19, 2005 - page 7



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3 | Eviction Defense Manual 2d Ed., CEB §25.68, the California Code of Civil Procedure Section 1173
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4 | permits only minor amendments to be made, and furthermore, that a new cause of action cannot be
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5 | added unless the landlord can offer proof that a second sixty day notice was served alleging a different
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6 | cause of action than that stated in the complaint.
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7 | On Wednesday, June 9, 2004, the Plaintiff testified that she was in court "because [she] served
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8 | a 60-day notice because [she] wanted the apartment back. The Plaintiff further testified that she
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9 | [had] her nephew and [her] sister living with [her] and [she] needed the apartment because [her]
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10 | house [was] not big enough". These purported grounds are not a basis upon which the Court can
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11 | award judgment in favor of the Plaintiff.
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12 | IX.
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13 | ARGUMENT
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14 | NEWS BROADCAST/ADMISSION SHOULD BE ADMITTED INTO EVIDENCE
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15 | At the time of trial the Plaintiff admitted to making statements to the news agency. She does
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16 | not deny the accuracy of the comments. She simply states that other statements she made to the
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17 | media were not included. That is not a basis upon which the Court should exclude the evidence.
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18 | (See Evidence Code Section 1220-1228.1, et seq.)
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19 | X.
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20 | STANDARD OF REVIEW ON APPEAL
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21 | The trial court has made a ruling of law as set forth above on what are essentially undisputed
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22 | facts. In this situation, the standard of review which the Appellate Court must apply is set forth in
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23 | Rudd v. California Casualty General Insurance Co., 210 C A 3d 948 at page 951. Rudd
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24 | provides that the function of the Appellate Court is to ascertain the intent of the legislature so as to
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25 | effectuate the purpose of the law.
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26 | XI.
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27 | CONCLUSION
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28 | The Defendant has established by satisfactory evidence that the reason the Plaintiff filed this
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