image of spinning marijuana leaf
Morongo Valley
Appeal Decision CIV.A.1197 2
Felony Cultivation
HUD/DFEH Complaint
Appeal Decision CIV.A.1197
April 04, 2005 - page 2

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

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


copyright © 2003-2015 J. Craig Canada aka palmspringsbum.
Commercial use prohibited without consent. All rights reserved.