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palmspringsbum
Morongo Valley
Eviction
Post Trial Brief of Defendant CMB 11535 3
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HUD/DFEH Complaint
Post Trial Brief of Defendant CMB 11535
July 07, 2004 - page 3

1 SUMMARY OF THE NOTICE. The notice is entitled SIXTY DAY NOTICE TO QUIT

2 (C.C. Sec. 1946.1). The Notice sets forth a termination date of May 11, 2004. The notice purports

3 to be served pursuant to Civil Code section 1946.1. The notice sets forth the assertion that the tenant

4 could be liable for treble damages for each day of holdover beyond May 11, 2004. The Notice sets

5 forth the claim that the tenant is liable for payment of rent up until the date of the termination of the

6 tenancy. Lastly, the Notice warns the tenant of the adverse effects an unlawful detainer proceeding

7 will have on the tenants credit report.

8 SUMMARY OF THE POS FOR THE NOTICE. Bonita Millard states under penalty of

9 perjury that she personally delivered the 60 day notice to Craig Canada on March 11, 2004.

10 III.

11 SUMMARY OF ALLEGATIONS SET FORTH IN DEFENDANT'S ANSWER

12 On, or about, May 20, 2004 Defendant Craig Canada filed an answer to the unlawful detainer

13 complaint. In ¶2 the answer sets forth the defendants general denial. In ¶3 the answer sets forth the

14 alleged by the defendant. The defendant alleges that the plaintiff breached the warranty to provide

15 a habitable premises. (See Answer to Complaint ¶3.a.) The defendant supports this allegation in which

16 the specific factual allegation in the attachment to the answer that the landlord failed to repair a

17 broken window that the landlord intentionally broke. (See Attachment 3j to Answer to Complaint ¶

18 3.j.a.)

19 The defendant alleges that the plaintiff filed the unlawful detainer action against the defendant

20 to retaliate against defendant. (See Answer to Complaint ¶3.e.) The defendant supports this

21 allegation with the specific factual allegation in the attachment to the answer that the landlord filed

22 the 60 day notice on March 11, 2004 and the prior unlawful detainer action was dismissed against

23 the defendant on February 17, 2004. (See Attachment 3j to Answer to Complaint ¶3.j.e)

24 The defendant alleges that the plaintiff filed the unlawful detainer action against then defendant

25 to discriminate against defendant. (See Answer to Complaint ¶3.f.) The defendant suports this

26 allegation with the specific factual allegation in the attachment to the answer that the landlord

27

28 POST TRIAL BRIEF 3

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