Brief of Defendant CMB 11396
February 13, 2004 - page 2
1 Then on January 23, 2004, BONITA MILLARD filed this Unlawful
2 Detainer action against the Defendant. The basis for the Complaint is
3 that CRAIG CANADA was engaging in the cultivation of marijuana.
5 POINTS AND AUTHORITIES
6 The Compassionate Use Act of 1996 (H&S 11362.5) ensures " . . .
7 that patients and their primary caregivers who obtain and use
8 marijuana for medical purposes upon the recommendation of a physician
9 are not subject to criminal prosecution or sanction."
10 (H&S 11362.5(b)(1)(B)).
11 The UNRUH CIVIL RIGHTS ACT, set forth at California Civil Codes
12 51-52, protects a tenant from a landlord's arbitrary retaliatory
13 conduct in all matters relating to a tenant's disability. A landlord
14 may not evict a tenant for arbitrary reasons. (Swann v Burkett (1962)
15 209 CA2d 685, 26 CR 286). The tenant may raise arbitrary retaliatory
16 conduct under the Unruh Act as a defense to an unlawful detainer
17 action (Marina Point Ltd. v Wolfson (1982) 30 CA3d 721 9, 14).
20 BONITA MILLARD, knowing full well that CRAIG CANADA suffers from
21 an assortment of deliberating physical and mental conditions, and, in
22 addition, is a medicinal marijuana patient, nonetheless has used his
23 condition as a means to evict him from his home, an action that
24 clearly violates MR. CANADA's civil rights under the Unruh Act.
26 Date: 02-13-04 Signed: ____________________________
27 Darrell K. Moore
28 Attorney For The Defendant
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