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palmspringsbum
Morongo Valley
Eviction
Appeal Rehearing Request CIV A.1197 3
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HUD/DFEH Complaint
Appeal Rehearing Request CIV A.1197
April 19, 2005 - page 3



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3 | could be liable for treble damages for each day of holdover beyond May 11, 2004. The Notice sets
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4 | for the claim that the tenant is liable for payment of rent up until the date of the termination of the
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5 | tenancy. Lastly, the Notice warns the tenant of the adverse effects an unlawful detainer proceeding
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6 | will have on the tenants credit report.
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7 | SUMMARY OF THE POS FOR THE NOTICE. Bonita Millard states under penalty of
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8 | perjury that she personally delivered the 60 Day notice to Craig Canada on March 11, 2004.
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9 | III.
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10 | SUMMARY OF ALLEGATIONS SET FORTH IN DEFENDANT'S ANSWER
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11 | On, or about, May 20, 2004 Defendant Craig Canada filed an answer to the unlawful detainer
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12 | complaint. In ¶2 the answer sets forth the defendants general denial. In ¶3 the answer sets forth the
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13 | alleged by the defendant. The defendant alleges that the plaintiff breached the warranty to provide a
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14 | habitable premises. (See Answer to Complaint ¶3.a) The defendant supports this allegation in with
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15 | the specific factual allegation in the attachment to the answer that the landlord failed to repair a
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16 | broken window that the landlord intentionally broke. (See Attachment 3j to Answer to Complaint
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17 | 3.j.a.)
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18 | The defendant alleges that the plaintiff filed the unlawful detainer action against the defendant
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19 | to retaliate against defendant. (See Answer to Complaint ¶3.e) The defendant supports this
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20 | allegation with the specific factual allegation in the attachment to the answer that the landlord filed the
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21 | 60 day notice on March 11, 2004 and the prior unlawful detainer action was dismissed against the
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22 | defendant on February 17, 2004. (See Attachment 3j to Answer to Complaint ¶3.j.e)
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23 | The defendant alleges that the plaintiff filed the unlawful detainer action against the defendant
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24 | to discriminate against defendant. (See Answer to Complaint ¶3.f.) The defendant supports this
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25 | allegation with the specific factual allegation in the attachment to the answer that the landlord
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26 | discriminated against the defendant because of the defendant's legal use and cultivation of marijuana
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27 | (See Attachment 3j to Answer to Complaint ¶3.j.f.)
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28 | The defendant alleges that other affirmative defenses. (See Answer to Complaint ¶3.i.) The
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