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Morongo Valley
Eviction
Appeal Rehearing Request CIV A.1197 4
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HUD/DFEH Complaint
Appeal Rehearing Request CIV A.1197
April 19, 2005 - page 4



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3 | defendant supports this allegation with the specific factual allegation in the attachment to the answer
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4 | that the landlord broke defendants window and failed to repair it, the landlord destroyed defendants
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5 | plants, the landlord blocked defendants egress to the dwelling, landlord repeatedly called the police,
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6 | the landlord threw rocks at the defendant and denied access to the defendant to certain portions of
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7 | the dwelling. (See Attachment 3j to Answer to Complaint ¶2.j.i.)
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IV.
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9 | REQUEST FOR JUDICIAL NOTICE OF "MILLARD V. CANADA CMB 11396"
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10 | During the course of the trial, Counsel for the Defendant requested judicial notice of the
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11 | previous unlawful detainer action filed by Bonita Millard against Crag Canada. That request
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12 | specifically included the Reporters transcript, dated February 17, 2004, that was made of the hearing
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13 | in conjunction with that case.
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14 | The previous unlawful detainer action was filed by Bonita Millard on January 24, 2004. For
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15 | the sake of emphasis, only the allegations that are significantly different from the subsequent unlawful
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16 | detainer action are set forth here. In ¶6.a. The complaint sets forth the allegation that on July 1, 2002
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17 | the Defendant, Craig Canada, agreed to rent the premises for a month to month tenancy at the rate of
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18 | $385.00 per month. The rent was payable on the 1st of each month. In ¶7.a the complaint sets forth
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19 | the allegation that the defendant, Craig Canada, was served with a 3 Day Notice to Quit. The specific
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20 | basis for the notice is identified as Waste, Nuisance, Threats, Unlawful Activity.
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21 | SUMMARY OF THE NOTICE. The notice is entitled THREE DAY NOTICE TO QUIT
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22 | (IMPROPER SUBLETTING, NUISANCE, WASTE, OR ILLEGAL USE). The notice is dated
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23 | January 17, 2004. The notice sets forth the assertion the tenant must vacate and surrender possession
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24 | of the premises by reason of the tenant's conduct. The Notice asserts that the tenant used
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25 | "threatening and hostile behavior [towards] the owner by making threats, by screaming and yelling at
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26 | [the] owner and shaking fists at the owner and disturbing the owners' use and quiet enjoyment and
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27 | peace of [the] property and adjoining premises" Then, the Notice asserts that the client was
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28 | "growing numerous marijuana plants on the premises" and as a result of these acts, the tenancy is
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