2 MILLARD HAS MET HER BURDEN OF
3 PROOF FOR UNLAWFUL DETAINER
The evidence presented by Millard, shows that (1) Millard is the owner of the property in
6 which defendant resides; (2) Millard and defendant had a verbal month-to-month rental
7 arrangement; (3) Millard served defendant with a 60-day notice of termination which expired
8 prior to the filing of the complaint in this action; (4) defendant remains in possession of the
rented premises; and, (5) Millard seeks possession of the premises, forfeiture of the rental
agreement, and costs of suit. Contrary to a portion of the testimony of Millard, her complaint
does not seek payment of delinquent rents and the complaint was not amended to proof on that
14 No evidence disputing the foregoing was offered by defendant.
15 Generally a landlord has the right to terminate a month-to-month tenancy without cause
or reason. All that is required is the appropriate notice. People v. Lucero 114 Cal.3d 166.
The testimony of Millard and witness John Vigil, plaintiffs nephew, evidences that the
19 primary reason Millard seeks possession of the rented premises is for the housing of John Vigil.
20 Upon the death of his Uncle in March, 2004, Vigil moved in with Millard and has continued to
reside at the property. He is employed at Morongo Valley Hardware and intends to reside at the
property for an indefinite time. The residence of Millard is too small to house herself and her
family, thus she seeks to house him in the rented premises. No evidence presented by the
25 defendant shows to the contrary.
26 The testimony of both Millard and defendant no doubt prove that there is controversy
27 between the parties. This controversy is based on numerous incidents, the least of which is