palmspringsbum - Eviction Brief of Defendant CMB 11396

   
   
   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 matters relating 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