Del Monte Properties and Investments, Inc. v. Dolan, 051118 SUPAD, CV170392

Docket Nº:CV170392
Party Name:DEL MONTE PROPERTIES AND INVESTMENTS, INC., Plaintiff and Respondent, v. MARGARETT DOLAN, Defendant and Appellant.
Attorney:Gregory M. Holtz, S. Lynn Martinez, Legal Services of Northern California, for Defendant and Appellant. Del Monte Properties and Investment, Inc., Andrew Del Monte and Denise Del Monte, in Pro Per, Plaintiff and Respondent.
Judge Panel:Hon. Dale A. Reinholtsen, Presiding Judge, Hon. Gregory Elvine-Kreis, Judge, Hon. Kelly L. Neel, Judge.
Case Date:May 11, 2018
Court:Superior Court of California
 
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DEL MONTE PROPERTIES AND INVESTMENTS, INC., Plaintiff and Respondent,

v.

MARGARETT DOLAN, Defendant and Appellant.

CV170392

Superior Court of California, Appellate Division, Humboldt

May 11, 2018

Supreme Court publication order 8/8/18

Appeal from Judgment of the Superior Court of Humboldt County, W. Bruce Watson, Judge. Reversed.

Gregory M. Holtz, S. Lynn Martinez, Legal Services of Northern California, for Defendant and Appellant.

Del Monte Properties and Investment, Inc., Andrew Del Monte and Denise Del Monte, in Pro Per, Plaintiff and Respondent.

RULING AND DECISION

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 (“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 3-day notice to pay rent or quit on May 5, 2017. The 3-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 amount of which are extremely difficult and impractical to determine. These costs may include, but are not limited to, processing, enforcement and accounting expenses, and late charges imposed on Landlord. If any installment of...

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