palmspringsbum - Eviction Answer to Complaint CMB 11535

 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.
  
  4                                   II.
  
  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 matter elating 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).
  
  18                                 III.
  
  19                             CONCLUSION
  
  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.
  
  25  ///
  
  26  Date:  02-13-04          Signed:  ____________________________
  
  27                                           Darrell K. Moore
  
  28                                           Attorney For The Defendant