Legal Question in Personal Injury in California

A landlord rented an apartment on her land if we agreed to cultivate medical marijuana for her and upon harvest, divide the crop with us, but just before harvest, she had us forcibly evicted by an assailant who injured us and was arrested and convicted of assault. We were left injured, homeless and lost all of our personal property which we had to leave at the apartment. Do we have a civil case against her for Personal Injury, Intentional and Negligent Infliction of Emotional Distress and Premise Liability for damages ?


Asked on 5/24/15, 1:49 am

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

The difficulty here is that while it's possible to sue for the loss of your marijuana, if you have a physician's recommendation and the amount is within the county guidelines for medicinal pot - in San Francisco, patients allowed up to 24 plants or 25 square feet of canopy; dispensary gardens capped at 99 plants in 100 square feet. Possession limit 8 oz. dried cannabis per patient), you shouldn't be able to sue for monetary losses for medicinal pot as even under Prop 205, it's not legal to sell medicinal pot.

Other than the pot issue, you seem to have a good case for wrongful eviction.

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Answered on 5/28/15, 1:58 pm


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