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Morongo Valley
Eviction
Post Trial Brief of Defendant CMB 11535 8
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HUD/DFEH Complaint
Post Trial Brief of Defendant CMB 11535
July 07, 2004 - page 8

1 marijuana. California Civil Code Section 1942.5 entitles a tenant to exercise his civil rights within

2 his dwelling. The landlords eviction action is impermissible and judgement should be entered in favor

3 of the Defendant.

4 In fact, the Court should rule in favor of the Defendant on the grounds that the Plaintiff filed

5 this action prematurely. The landlord previously sought to evict the defendant. (See CMB 11396.)

6 In that case judgment was entered in favor of the Defendant on February 17, 2004. Under Civil

7 Code Section 1942.5, the landlord is prevented from filing another unlawful detainer action against

8 the Defendant for six months.

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10 Dated: 07-14-04

11 Darrell K. Moore,

12 Attorney for Defendant

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28 POST TRIAL BRIEF 8

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