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palmspringsbum
Morongo Valley
Eviction
Post Trial Brief of Plaintiff CMB 11535 4
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HUD/DFEH Complaint
Post Trial Brief of Plaintiff CMB 11535
July 07, 2004 - page 4


1 First, defendant was shown to have perjured himself as a witness. When asked by

2 Millard's counsel whether he had ever used marijuana for any other purpose than his own

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medical needs defendant replied "No.". The testimony of Millard, however, showed that at one
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time, without the permission of, or then knowledge of Millard, defendant made for and provided
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6 to Millard a brownie laced with marijuana.

7 Second, it is not logical that a tenant who has suffered at the hands of a landlord, as

8 defendant claims to have would be waging such a ferocious battle to maintain possession of the

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premises. Certainly, defendant offered this Court no evidence of inability to relocate. In
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weighing the conflicting testimony of Millard and defendant, then the propensity for truth and
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12 common sense tips greatly in Millard's favor.

13 Based on the foregoing, this Court must find that Millard has met her burden of proof,

14 that defendant has failed to present any evidence in defense of Millard's action and rule in favor

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of Millard.
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II.
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HEALTH & SAFETY CODE §11362.5;
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19 THE COMPASSIONATE USE ACT OF 1996

20 HAS NO APPLICABILITY TO THIS ACTION

21 For the record, and in light of the fact that defendant has made clear his intention to

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appeal, Millard provides the Court with the following concerning defendants contention of
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discrimination based on Millard's purported denial of his right to use possess and grow
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marijuana on her property. In particular, Millard provides the Court with an analysis of
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26 California Health and Safety Code § 11362.5 and its applicability or lack thereof to this action

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