palmspringsbum - Eviction Post Trial Brief of Plaintiff CMB 11535

1 Even if the Court finds that Millard was aware of the filing prior to May 17, 2004, The

2 Court has the discretion to accept the defense or reject it. Proof that the unlawful detainer was

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filed before the expiration of the protection period simply creates an inference of retaliation, not a
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5 presumption. Western land Office, inc. v. Cervantes (1985) 175 Cal.App.3d 724.

6 The Court must consider the following:

7 • Millard filed the first action against defendant in November, 2003, but no claim

8 was filed with the DEFH until April 22, 2004.

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• A month and half elapsed between the service of the 60-day notice and the filing
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of the DFEH claim.
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• The claim filed with the DFEH was fully investigated and denied
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It is Millard's contention that the claim of defendant was filed with the DFEH as a means
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14 to retaliate against Millard and to delay the filing of the unlawful detainer. It was just by

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circumstances unfortunate to defendant that Millard was not aware of the claim prior to filing.
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V.
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CONCLUSION
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19 Based on the evidence presented at trial in this matter, Millard requests this Court to

20 render decision in her favor.

21 Counsel for defendant has suggested that upon receiving a disfavorable ruling in ths case

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he intends to bring an action for stay of enforcement under CCP § 918. Such a motion must be
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brought on motion or on ex-parte allowing for hearing from both parties. Should defendant
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25 attempt to bring such a motion in the closing brief, same must be denied.

27 Dated: Jul 14, 2004

28 Lynne Romano, Attorney for Plaintiff

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