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 matter elating 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

							

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