image of spinning marijuana leaf
palmspringsbum
Morongo Valley
Eviction
Intended Decision CMB 11535 2
Home
Timeline
Felony Cultivation
Eviction
HUD/DFEH Complaint
Intended Decision CMB 11535
July 20, 2004 - page 2


1 | thus her allegations of waste and nuisance in the previous case.
|
2 | In addition plaintiff intended to move onto the premises her
|
3 | nephew Jon Vigil who is to take residency as soon as the house is
|
4 | vacated by defendant.
|
5 | 4. That the 60 day notice was served prior to any notice by Fair
|
6 | Housing and Employment.
|
7 | 5. That consistent with the testimony and demeanor the parties,
|
8 | credibility most favor plaintiff.
|
9 | 6. That plaintiff did not discriminate against defendant because of
|
10 | his use of medicinal marijuana contrary to defendant's
|
11 | assertions.
|
12 | 7. That Defendant was not cultivating marijuana only for medicinal
|
13 | use, as shown by his offer to plaintiff of brownies containing
|
14 | marijuana. Furnishing marijuana to another generally is a crime
|
15 | in California and potentially subjects the owner of the property
|
16 | to civil penalties. The court infers that if defendant is want to
|
17 | offer a marijuana brownie to the landlord that he would do the
|
18 | same to others who may visit him on the property.
|
19 | 8. Defendant has not met his burden of proof of retaliation,
|
20 | habitability or discrimination.
|
21 | Order:
|
22 | Judgment is for plaintiff for restitution of premises only.
|
23 |
|
24 | This statement of Intended Decision shall be the Court's Statement of
|
25 | Decision unless within 10 days either party specifies controverted issues or
|
| makes proposals not covered in the Intended Decision.
|
|
|
| -2-
|

copyright © 2003-2015 J. Craig Canada aka palmspringsbum.
Commercial use prohibited without consent. All rights reserved.