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Morongo Valley
Eviction
Appeal Rehearing Request CIV A.1197 8
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HUD/DFEH Complaint
Appeal Rehearing Request CIV A.1197
April 19, 2005 - page 8



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3 | unlawful detainer action was because she disapproved personally of his use and cultivation of
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4 | marijuana. California Civil Code 1942.5 entitles a tenant to exercise his rights within his
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5 | dwelling. The landlord's eviction action is impermissible and judgment should be entered in favor of
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6 | the Defendant.
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7 | In fact, the Court should rule in favor of the Defendant on the grounds that the Plaintiff filed
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8 | this action prematurely. The landlord previously sought to evict the defendant. (See CMB 11396.)
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9 | In that case judgment was entered in favor of the Defendant on February 17, 2004. Under Civil
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10 | Code Section 1942.t, the landlord is prevented from filing another unlawful detainer action against
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11 | the Defendant for six months.
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12 | XII
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13 | AUGMENTATION
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14 | 1. Brief of Defendant, Case No. CMB 11396, February 17, 2004
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17 | 4. Reporter's Transcript of Oral Proceedings, Case No. CMB 11396, February 17, 2004
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18 | 5. Sixty Day Notice to Quit, Case No. CMB 11535
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19 | 6. Complaint, Case No. CMB 11535
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20 | 7. Answer, Case No. CMB 11535
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21 | 8. Reporter's Transcript of Oral Proceedings, Case No. CMB 11535, June 9, 2004.
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22 | 9. Reporter's Transcript of Oral Proceedings, Case No. CMB 11535, July 7, 2004
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24 | Dated: 4/18/05 ________________________________
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25 | Darrell K. Moore,
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26 | Attorney for Defendant
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