that the eviction was for an illegal retaliatory or discriminatory purpose in that
respondent was upset with him for using marijuana. On the third day of trial
appellant testified he had filed a complaint with the Fair Housing and
Employment Agency (FEHA) alleging discrimination but the complaint was
rejected on the ground appellant was not within a protected class.3 Respondent
admitted that at some point she learned of the FEHA Complaint.
Appellant testified that one day when respondent saw him watering plants
outside, she screamed "Is that marijuana?" and threatened to call the sheriff.4
Respondent admitted she called the police at least twice. Although she
had voted for the medical marijuana law, she believed only people with serious
physical illnesses like AIDS should use it. Appellant had told her he was bipolar.
She did not think medical marijuana should be used for mental illnesses.5
Nevertheless, she said appellant's medical marijuana use was not her motivation
for evicting him,6
Respondent also testified appellant had once given her a bitter-tasting
brownie. Later he asked how she had liked it, and told her it had contained
marijuana.7 She said she was somewhat afraid of appellant, although he had
never hurt her.
3 RT 6-7
4 RT 3-4
5 RT 14-17
6 RT 16
7 RT 19