purportedly from the Complaint, the Notice to Quit, and the Answer. The brief
also mentions that appellant asked the trial court to judicially notice documents
from the earlier unlawful detainer case (CMB 11396), including the pleadings and
the reporter's transcript2. None of these documents had been made part of the
record on appeal.
The brief refers to evidence offered at trial, including testimony by
respondent on June 9, 2004, as to her motivation for evicting appellant. It also
refers to some prescriptions appellant had obtained for medical marijuana, which
apparently were offered as exhibits. Neither the transcript of the June 9th hearing
nor these exhibits have been made part of the record on appeal.
The only reporter's transcript designated by appellant was for July 7,
2004–the third day of the trial. The only exhibit he designated was a document
entitled "Californians Duped on Medical Marijuana Law" (Exhibit 3), which
respondent admits she posted on appellant's window with a handwritten note
stating "This will be sent to newspapers & posted on the internet. Just the
Beginning." In short, the record on appeal is so defective that setting forth a
coherent sequence of facts is difficult. Nevertheless, as best we can determine,
this is what occurred:
Respondent served appellant with a 60-day notice to quit. When he did
not vacate, she filed an unlawful detainer complaint. His apparent defense was
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1 Appellant's Opening Brief (AOB) p.1-3. Significantly, the brief contains not a single reference to the
record on appeal.
2 AOB. p.4-5
2