26 Cal.App.5th Supp. 20
DEL MONTE PROPERTIES AND INVESTMENTS, INC., Plaintiff and Respondent,
MARGARETT DOLAN, Defendant and Appellant.
Superior Court of California, Appellate Division, Humboldt
May 11, 2018
Certified for Publication August 8, 2018.
from Judgment of the Superior Court of Humboldt County, W.
Bruce Watson Jr., Judge.
Services of Northern California, Gregory M. Holtz and S. Lynn
Martinez for Defendant and Appellant.
Del Monte and Denise Del Monte, in pro. per., for Plaintiff
Reinholtsen, P. J., Elvine-Kreis and Neel, JJ.
REINHOLTSEN, P. J.
Defendant and Appellant Margarett Dolan's (Appellant)
appeal came on for hearing with the appellate division in
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).
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
Trial Court Proceedings
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...