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palmspringsbum
Morongo Valley
Eviction
Post Trial Brief of Defendant CMB 11535 5
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HUD/DFEH Complaint
Post Trial Brief of Defendant CMB 11535
July 07, 2004 - page 5

1 at [the] owner and shaking fists at the owner and disturbing the owners' use and quiet enjoyment and

2 peace of [the] property and adjoining premises". The, the Notice asserts that the client was

3 "growing numerous marijuana plants on the premises" and as a result of these acts, the tenancy is

4 terminated. Furthermore, if the tenant fails to vacate and surrender possession of the premises, legal

5 proceedings will be instituted against the tenant to recover possession, damages, and court costs from

6 the tenant.

7 V.

8 SUMMARY OF SIGNIFICANT EVIDENCE PRESENTED AT TRIAL

9 The Defendant is under the care of a medical doctor who has prescribed him marijuana. The

10 prescriptions were entered into evidence.

11 The Plaintiff testified that she was at least "in part" motivated to evict the Defendant because

12 of his marijuana use and cultivation. (See June 9, 2004 transcript, page 5, lines 3 through 17.)

13 The Plaintiff admitted to being interviewed by a local news station. She admitted making

14 statements that were video taped. She didn't offer any other statements into evidence that were

15 excluded from the videotape.

16 The Plaintiff admitted to banging on the door of the Defendant and calling him a "pussy".

17 The Plaintiff admitted to posting a memorandum to the window of the Defendant's dwelling.

18 The memo claims that Californians have been duped by the marijuana laws.

19 VI.

21 THE COMPASSIONATE MEDICAL MARIJUANA ACT IS A BASIS UPON

22 WHICH DEFENDANT CAN CLAIM RETALIATORY EVICTION

23 The Compassionate Use Act of 1996 (H & S 11362.5) ensures "... that patients and their

24 primary care-givers who obtain and use marijuana for medical purposes upon the recommendation

25 of a physician are not subject to criminal prosecution or sanction."

26 The UNRUH CIVIL RIGHTS ACT, set forth at California Civil Codes 51-52, protects a

27

28 POST TRIAL BRIEF 5

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