image of spinning marijuana leaf
Morongo Valley
Appeal Decision CIV.A.1197 3
Felony Cultivation
HUD/DFEH Complaint
Appeal Decision CIV.A.1197
April 04, 2005 - page 3

that the eviction was for an illegal retaliatory or discriminatory purpose in that

respondent was upset with him for using marijuana. On the third day of trial

appellant testified he had filed a complaint with the Fair Housing and

Employment Agency (FEHA) alleging discrimination but the complaint was

rejected on the ground appellant was not within a protected class.3 Respondent

admitted that at some point she learned of the FEHA Complaint.

Appellant testified that one day when respondent saw him watering plants

outside, she screamed "Is that marijuana?" and threatened to call the sheriff.4

Respondent admitted she called the police at least twice. Although she

had voted for the medical marijuana law, she believed only people with serious

physical illnesses like AIDS should use it. Appellant had told her he was bipolar.

She did not think medical marijuana should be used for mental illnesses.5

Nevertheless, she said appellant's medical marijuana use was not her motivation

for evicting him,6

Respondent also testified appellant had once given her a bitter-tasting

brownie. Later he asked how she had liked it, and told her it had contained

marijuana.7 She said she was somewhat afraid of appellant, although he had

never hurt her.

3 RT 6-7
4 RT 3-4
5 RT 14-17
6 RT 16
7 RT 19


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