1  marijuana.  California Civil Code Section 1942.5 entitles a tenant to exercise his civil rights within

2  his dwelling.  The landlords eviction action is impermissible and judgement should be entered in favor 

3  of the Defendant.

4       In fact, the Court should rule in favor of the Defendant on the grounds that the Plaintiff filed

5  this action prematurely.  The landlord previously sought to evict the defendant.  (See CMB 11396.)

6  In that case judgement was entered in favor of the Defendant on February 17, 2004.  Under Civil

7  Code Section 1942.5, the landlord is prevented from filing another unlawful detainer action against

8  the Defendant for six months.

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10 Dated: 07-14-04

11                                               Darrell K. Moore,

12                                               Attorney for Defendant

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28 POST TRIAL BRIEF                                                                     8
							

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