Lacuesta v. Fox, et al.

Richard D Ackerman

Case Conclusion Date:July 6, 2009

Practice Area:Litigation

Outcome:Dismissed on Trial Date

Description:Landlord attempted to evict client who was operating a lawful medical marijuana dispensary. Client answered by claiming that patient rights were being interfered with and that other constitutional rights were being threatened by landlord's retaliatory eviction. City of Lake Forest was allegedly pressuring landlord to break valid leases to collectives in a commercial building and landlord felt like he had no choice but to claim that lease covenants were allegedly being broken because of federal law violations by tenant. Defendants claimed that they had a lawful right to operate the collective and were in compliance with all applicable state law, both common and statutory. Case was voluntarily dismissed by landlord on the day of trial. Defendants were seeking attorneys' fees, finding of retaliatory eviction, and finding of Unruh violation by discrimination against the medical status of the collective's operators and patients.