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


1 I.

2 MILLARD HAS MET HER BURDEN OF

3 PROOF FOR UNLAWFUL DETAINER

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The evidence presented by Millard, shows that (1) Millard is the owner of the property in
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6 which defendant resides; (2) Millard and defendant had a verbal month-to-month rental

7 arrangement; (3) Millard served defendant with a 60-day notice of termination which expired

8 prior to the filing of the complaint in this action; (4) defendant remains in possession of the

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rented premises; and, (5) Millard seeks possession of the premises, forfeiture of the rental
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agreement, and costs of suit. Contrary to a portion of the testimony of Millard, her complaint
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does not seek payment of delinquent rents and the complaint was not amended to proof on that
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13 issue.

14 No evidence disputing the foregoing was offered by defendant.

15 Generally a landlord has the right to terminate a month-to-month tenancy without cause

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or reason. All that is required is the appropriate notice. People v. Lucero 114 Cal.3d 166.
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The testimony of Millard and witness John Vigil, plaintiffs nephew, evidences that the
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19 primary reason Millard seeks possession of the rented premises is for the housing of John Vigil.

20 Upon the death of his Uncle in March, 2004, Vigil moved in with Millard and has continued to

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reside at the property. He is employed at Morongo Valley Hardware and intends to reside at the
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property for an indefinite time. The residence of Millard is too small to house herself and her
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family, thus she seeks to house him in the rented premises. No evidence presented by the
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25 defendant shows to the contrary.

26 The testimony of both Millard and defendant no doubt prove that there is controversy

27 between the parties. This controversy is based on numerous incidents, the least of which is

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