1 tenant from a landlord's arbitrary retaliatory conduct in all matters relating to a tenant's disability.
2 A landlord may not evict a tenant for arbitrary reasons (Swann v. Burkett (1962) 209 CA2d 685,
3 26 CR 286). The tenant may raise arbitrary retaliatory conduct under the Unruh Act as a defense to
4 an unlawful detainer action (Marina Point Ltd. v. Wolfson (1982) 30 CA3d 721 9, 14).
5 On February 17, 2004, Defendant prevailed in the Unlawful Detainer case that was filed
6 against him by his landlord, Bonita Millard. Civil Code Section 1942.5 states that "if the lessor
7 retaliates against the lessee because of the exercise by the lessee of his rights under this chapter ... and
8 if the lessee is not in default as to the payment of his rent, the lessor may not recover possession of
9 a dwelling in any action or proceeding...within 180 days after the filing of appropriate documents
10 commencing a judicial proceeding involving the issue of tenantability". The Defendant is, therefore,
11 entitled to a six month window of protection under Civil Code Section 1942.5 from being retaliated
12 against after he prevailed during the unlawful detainer proceeding on February 17, 2004.
15 MIXED MOTIVE EVICTIONS
16 It is defendant's primary position that he has satisfactorily established the fact that the
17 Plaintiff was solely motivated to evict the Defendant because of his marijuana use and cultivation.
18 However, if the court is inclined to find that the Plaintiff was only "partially" motivated to evict the
19 Defendant because of his marijuana use and cultivation, then the court must still rule in favor of the
20 Defendant. An improper motive, although accompanied by a proper motive still bars the Plaintiff
21 from evicting the Defendant. ADVISORY: The law in this area is unsettled. See California Eviction
22 Defense Manual 2d Ed., CEB §16.22.
25 FOUR CORNERS OF COMPLAINT/NOTICE (NO NEPHEW/FEAR)
26 The Defendant was served by the Plaintiff with a Sixty Day Notice to Terminate Tenancy on
28 POST TRIAL BRIEF 6