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palmspringsbum
Morongo Valley
Eviction
Appeal Rehearing Request CIV A.1197 5
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HUD/DFEH Complaint
Appeal Rehearing Request CIV A.1197
April 19, 2005 - page 5



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3 | terminated. Furthermore, if the tenant fails to vacate and surrender possession of the premises, legal
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4 | proceedings will be instituted against the tenant to recover possession, damages, and court costs from
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5 | the tenant.
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6 | V.
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7 | SUMMARY OF SIGNIFICANT EVIDENCE PRESENTED AT TRIAL
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8 | The Defendant is under the care of a medical doctor who has prescribed him marijuana. The
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9 | prescriptions were entered into evidence.
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10 | The Plaintiff testified that she was at least "in part" motivated to evict the Defendant because
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11 | of his marijuana use and cultivation. (See June 9, 2004 transcript, page 5, lines 3 through 17.)
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12 | The Plaintiff admitted to being interviewed by a local news station. She admitted making
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13 | statements that were video taped. She didn't offer any other statements into evidence that were
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14 | excluded from the videotape.
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15 | The Plaintiff admitted to banging on the door of the Defendant and calling him a "pussy".
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16 | The Plaintiff admitted to posting a memorandum to the window of the Defendant's dwelling
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17 | The memo claims that Californians have been duped by the marijuana laws.
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18 | VI.
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19 | ARGUMENT
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20 | THE COMPASSIONATE MEDICAL MARIJUANA ACT IS A BASIS UPON
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21 | WHICH DEFENDANT CAN CLAIM RETALIATORY EVICTION
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22 | The Compassionate Use Act of 1966 (H & S 11362.5) ensures "... that patients and their
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23 | primary care-givers who obtain and use marijuana for medical purposes upon the recommendation of
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24 | a physician are not subject to criminal prosecution or sanction."
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25 | The UNRUH CIVIL RIGHTS ACT, set forth at California Civil Codes 51-52, protects a
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26 | tenant from a landlord's arbitrary retaliatory conduct in all matters relating to a tenant's disability. A
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27 | landlord may not evict a tenant for arbitrary reasons. (Swann v. Burkett (1962) 209 CA2d 685, 26
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28 | CR 286). The tenant may raise arbitrary retaliatory conduct under the Unruh Act as a defense to an
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