Union of MMJ Providers to appeal rouge eviction ruling

Union of MMJ Providers to appeal rouge eviction ruling

JShaw [at] unionmmp.org
Tue, May 6, 2008 at 7:12 PM

UNION OF MEDICIAL MARIJUANA PROVIDERS
321 ½ E First Street, Suite 200
Los Angeles, CA 90012
213-626-2730(phone) 213-616-1443(fax)
http://www.UnionMMP.org

Dear Collective Member and MMJ Community,

The front line of battle for the MMJ Movement is in defending our
right to lease property so our collective members can continue to have
safe access to their medicine. The Union of Medical Marijuana
Providers is leading that fight. Unlike many other legal advocacy
groups, the Union was born in the fire of fighting the legal battle
against the DEA's campaign of extortion against our landlords.

Last fall, Arts District Healing Center (ADHC) located in downtown
Los Angeles and, backed by Union members, was the first to stand up
publicly to the DEA. ADHC took the issue of the DEA landlord letters
to court where ADHC won the right to stay in their leasehold. However,
consistent with the DEA's mentality of using their police powers
improperly for intimidation purposes, the DEA attempted to circumvent
the court system by raiding ADHC between their hearings. The
collective persevered. From the wreckage of DEA raids; wheeled chair
victims arms handcuffed behind their chair, DEA threats of forfeiture,
collectives closing, safe access being rampaged, the Union of Medical
Marijuana Providers was born with a unique perspective on how to fight
their court cases.

Contrary to the popular paradigm in California to stay low profile
when it comes to dealing with the DEA, the Union's stance is "The
More Rights You Assert, The More Rights You Have". The Union is not
afraid to stand up to the DEA or any other authority that is abusing
its power to thwart our rights. To do otherwise only encourages more
of the same objectionable conduct.

The Union responded to the situation with ADHC by filing proactive
cases in state and federal courts against the DEA. Now ADHC is safer
and stronger than ever. Since then, the Union has aggressively
defended fifteen evictions, keeping those collectives in possession of
their leaseholds. Many other collectives have been emboldened by the
efforts of the Union and have decided to stand up for their rights,
stay open and, work things out with their landlord.

Last week the Union was in Los Angeles Superior Court representing
one of its new members, Today's Health Care (THC), in a DEA inspired
eviction case. The Union took on the THC case after the judge had
already ruled against THC. The Union then filed a motion to force
Judge Oldendorf, of Chatsworth Superior Court, to base her ruling on
the correct law and, wrote two briefs which clearly set forth the
legal reasoning why the Judge was just plain wrong in her initial
ruling. You can view those briefs and other information on the Union
website at http://www.UnionMMP.org .

For those who were fortunate enough to watch the hearing, they saw
that Judge Oldendorf was moved by the logic and legal basis of the
Union's arguments. But, she had already made up her mind. Frankly,
it appeared that the Judge was more influenced by her distorted belief
in the power of the DEA than the applicable California Appellate and
Supreme Court decisions. With all the cases the Union has been
defending, it was just a matter of time before a rouge judge would
rule against the Compassionate Use Act. Now we have a case that can go
to the appellate level and become law of the land.

Judge Oldendorf's decision is an ideal case to bring to the higher
court. Both the facts of the case and the law are on our side and, the
chances of successfully appealing this case are substantial. For
instance, the THC lease explicitly provides that they are to use their
building for Medical Marijuana purposes all to be legal pursuant to
California law. The 3-day notice terminating their tenancy
specifically notes that the lease allowed them to possess Medical
Marijuana and, only sought to terminate their tenancy because of the
DEA assertion in their letter that federal law supersedes state law
(that the Controlled Substance Act makes the Compassionate Use Act
illegal). In fact, Judge Oldendorf held that THC had operated in
complete compliance with California law. However, the Judge held that
despite complying with the lease and California law the Controlled
Substance Act made it illegal to continue the lease. That is not a
correct statement of law and will be one of the essential points of
the appeal.

When it comes to defending the Compassionate Use Act, the courts have
been our friend. When it gets to the appellate level, the
Compassionate Use Act has been upheld in every instance. It is
important to remember that no decision of a Superior Court Judge,
including the decision of Judge

Oldendorf, is binding on any other judge in this state. Only
decisions which are published by the Court of Appeals or Supreme Court
have that effect. No other Judge hearing any Unlawful
Detainer/Eviction Action can legally rely on this case unless and
until a decision by a higher court is issued.

Predictably, the DEA does not care about this well established rule
of law. The DEA was sending the judge's initial ruling to landlords
and their attorneys before the Union's motion to vacate the judgment
was heard and, will most likely continue to send it even though they
know the Union is appealing the ruling.

The Union thinks it's important for you to know that the Union
negotiated the right for Today's Health Care to maintain their
leasehold until the completion of their case which may well go all the
way to the Supreme Court if necessary. The Union is absolutely
committed to win this most important case, and will pursue justice to
the end for the sake of all collectives, cooperatives, and patients.

The Union has won every case but the Chatsworth case, which the Union
strongly believes will be won eventually. Every collective the Union
has helped has been able to stay in possession of their leasehold
including THC. Please pass the word to any collective or cooperative
that is facing eviction or, wants to join the Union and, fly the Union
banner, the Union can help. Stay strong against the DEA. Assert your
rights. Fight your case in court and win.

Feel free to contact the Union of Medical Marijuana Providers at
UnionMMP.org with any questions you may have about the Today's
Health Care case, joining the Union to sue the DEA in our impact
litigation cases, waving the Union banner or, any other Union related
topics. Keep fighting the good fight. Victory is ours.
James Shaw
Executive Director
Union of Medical Marijuana Providers
http://www.UnionMMP.org