26 Cal.App.5th Supp. 20, CV170392, Del Monte Properties & Investments, Inc. v. Dolan

Docket Nº:CV170392
Citation:26 Cal.App.5th Supp. 20
Opinion Judge:REINHOLTSEN, P. J.
Party Name:DEL MONTE PROPERTIES AND INVESTMENTS, INC., Plaintiff and Respondent, v. MARGARETT DOLAN, Defendant and Appellant.
Attorney:Legal Services of Northern California, Gregory M. Holtz and S. Lynn Martinez for Defendant and Appellant. Andrew Del Monte and Denise Del Monte, in pro. per., for Plaintiff and Respondent.
Judge Panel:Reinholtsen, P. J., Elvine-Kreis and Neel, JJ. Elvine-Kreis, J., and Neel, J., concurred.
Case Date:May 11, 2018
Court:Superior Court of California
 
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Page 20

26 Cal.App.5th Supp. 20
DEL MONTE PROPERTIES AND INVESTMENTS, INC., Plaintiff and Respondent,
v.
MARGARETT DOLAN, Defendant and Appellant.
No. CV170392
Superior Court of California, Appellate Division, Humboldt
May 11, 2018
          Certified for Publication August 8, 2018.           Appeal from Judgment of the Superior Court of Humboldt County, W. Bruce Watson Jr., Judge. Page 21          COUNSEL:           Legal Services of Northern California, Gregory M. Holtz and S. Lynn Martinez for Defendant and Appellant.           Andrew Del Monte and Denise Del Monte, in pro. per., for Plaintiff and Respondent.           Reinholtsen, P. J., Elvine-Kreis and Neel, JJ.          OPINION           REINHOLTSEN, P. J.           Defendant and Appellant Margarett Dolan's (Appellant) appeal came on for hearing with the appellate division in Page 22 department 3 of this court on April 6, 2018, Hon. Dale A. Reinholtsen, Hon. Gregory Elvine-Kreis, and Hon. Kelly L. Neel presiding. Gregory M. Holtz appeared on behalf of Appellant. Andrew Del Monte and Denise Del Monte appeared for plaintiff and respondent Del Monte Properties and Investments, Inc. (Respondent).           Having read and considered the briefs filed by the parties, and having heard argument of counsel and the parties, the court reverses the judgment of the trial court for the reasons stated below.           Trial Court Proceedings           On May 10, 2017, Respondent filed a complaint for unlawful detainer against Appellant. Respondent alleged that it leased the premises to Appellant at a monthly rent of $600 and that it served Appellant with a three-day notice to pay rent or quit on May 5, 2017. The three-day notice, attached as an exhibit to the complaint, demanded rent in the amount of $600, as well as a late fee in the amount of $50, for a total of $650. The lease, also attached as an exhibit to the complaint, contains the following term:           "6. Late charge; returned checks:           “ A. Tenant acknowledges either late payment of Rent or issuance of a returned check may cause Landlord to incur costs and expenses, the exact...

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