1  discriminated against the defendant because of the defendant's legal use and cultivation of marijuana

2  (See Attachment 3j to Answer to Complaint ¶ 3.j.f.)

3       The defendant alleges that other affirmative defenses.  (See Answer to Complaint ¶ 3.i)  The

4  defendant supports this allegation with the specific factual allegation in the attachment to the answer

5  that the landlord broke defendants window and failed to repair it, the landlord destroyed defendants

6  plants, the landlord blocked defendants egress to the dwelling, landlord repeatedly called police,

7  the landlord threw rocks at the defendant and denied access to the defendant to certain portions of

8  the dwelling.  (See Attachment 3j to Answer to Complaint ¶ 3.j.i.)

9                                              IV.

10                REQUEST FOR JUDICIAL NOTICE 0F "MILLARD v. CANADA CMB 11396"

11      During the course of the trial, Counsel for the Defendant requested judicial notice of the

12 previous unlawful detainer action filed by Bonita Millard against Craig Canada.  That request

13 specifically included the Reporters transcript, dated February 17, 2004, that was made of the hearing

14 in conjunction with that case.

15      The previous unlawful detainer action was filed by Bonita Millard on January 24, 2004.  For

16 the sake of emphasis, only the allegations that are significanty different from the subsequent unlawful

17 detainer action are set forth here.  In ¶ 6.a. the complaint sets forth the allegation that on July 1, 2002

18 the Defendant, Craig Canda, agreed to rent the premises for a month to month tenancy at the rate

19 of $385.00 per month.  The rent was payable on the 1st of each month.  In ¶ 7.a. the complaint sets

20 forth the allegation that the defendant, Craig Canada, was served with a 3 Day Notice to Quit.  The

21 specific basis for the notice is identified as Waste, Nuisance, Threats, Unlawful Activity.

22      SUMMARY OF THE NOTICE.  The notice is entitled THREE DAY NOTICE TO QUIT

23 (IMPROPER SUBLETTING, NUISANCE, WASTE, OR ILLEGAL USE).  The notice is dated

24 January 17, 2004.  The notice sets forth the assertion the tenant must vacate and surrender possesion

25 of the premises by reason of the tenant's conduct.  The Notice asserts that the tenant used

26 "threatening and hostile behavior [towards] the owner by making threats, by screaming and yelling

27

28 POST TRIAL BRIEF                                                                     4
							

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