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palmspringsbum
Morongo Valley
Eviction
Post Trial Brief of Defendant CMB 11535 2
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HUD/DFEH Complaint
Post Trial Brief of Defendant CMB 11535
July 07, 2004 - page 2

1 filed her complaint for unlawful detainer on May 17, 2004. In ¶1 of the complaint, the plaintiff was

2 identified as Bonita Millard. In ¶2 of the complaint, the defendant was identified as Craig Canada.

3 In ¶3 the address of residence in question is identified as 113207 Hess BLVD (NO.2), Morongo

4 Valley, CA. 92256. The street address was corrected by interlineation during the trial to 11307. In ¶

5 4 of the complaint the plaintiff identifies herself as the owner of the property. In ¶5 of the complaint

6 sets forth the allegation that defendants identified as DOES are unknown to the plaintiff. In ¶6.a. the

7 complaint sets forth the allegation that on July 10, 2002 the Defendant, Craig Canada, agreed to rent

8 the premises for a month to month tenancy at the rate of $485.00 per month. The rent was payable

9 on the 10th of each month. In ¶6.b. the complaint sets forth the allegation that plaintiff and defendant

10 entered into an oral agreement. In ¶6.c. the complaint sets forth the allegation that all defendants not

11 named in ¶6.a. are either subtenants, assignees or persons unknown. In ¶7.a. the complaint sets forth

12 the allegation that the defendant, Craig Canada, was served with a 60 Day Notice to Quit. In ¶7.b.

13 the complaint sets forth the allegation that the notice was served on May 11,2004. In ¶7.c. the

14 complaint sets forth the allegation that all facts stated in the notice are true. In ¶7.d. the complaint

15 sets forth the allegation that the notice includes an election of forfeiture. In ¶7.e. the complaint sets

16 forth the allegation that the notice is attached to the complaint as Exhibit 2. In ¶8.a.(1) the complaint

17 sets forth the allegation that the notice was personally served on defendant by handing him a copy on

18 March 11, 2004. In ¶9 the complaint sets forth the allegation that Plaintiff demands possession from

19 each defendant because of expiration of a fixed-term lease. In ¶17 the complaint sets forth Plaintiff's

20 request for: possession of the premises (See Complaint ¶17.a.) costs incurred in this proceeding (See

21 Complaint ¶17.b.), reasonable attorney fees (See Complaint ¶17.d), forfeiture of the agreement (See

22 Complaint ¶17.3.) and for leave to amend if necessary (See Complaint ¶17.h.) In ¶18 the complaint

23 sets forth the allegation that there are two additional pages attached to the complaint. In ¶19 the

24 complaint sets forth the allegation that the plaintiff did not use an unlawful detainer assistant in

25 preparing her complaint. Lastly, the complaint is verified by the Plaintiff, Bonita Millard on May 14,

26 2004.

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28 POST TRIAL BRIEF 2

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