DHI Cherry Glen Associates, L.People v. Gutierrez (2020)

Citation: DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
Parent Document: DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
Jurisdiction: California (state)
Effective Date: 2020-03-16
Original Source: https://www.courtlistener.com/opinion/4736378/dhi-cherry-glen-associates-lpeo... ↗

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On June 12, 2019, the court granted appellant’s request for judicial notice of Exhibit 1:
HUD, Notice H 2017-05 Violence Against Women Act (VAWA) Reauthorization Act of 2013-
Additional Guidance for Multifamily Owners and Management Agents (June 30, 2017).
        The court certified the entirety of the court’s file as the settled statement on appeal.
        Appellant filed an opening brief. Respondent filed a respondent’s brief. Appellant filed
a Reply brief.
                                           DISCUSSION
         A. Standard of Review
        The issue presented on appeal is: Whether the trial court made an error in the law when it
found: “Notices to pay rent are not premised on an act of domestic violence, dating violence,
sexual assault, or stalking. Accordingly, no Violence Against Woman (sic) Act notices are
required to be served with notices to pay rent. 24 CFR § 5.2005 (d)(2).” (Statement of Decision,
¶ 6.)
        The trial court’s ground for appeal presents an issue of statutory interpretation. The
standard for review of issues of statutory interpretation is de novo. (People ex rel. Lockyer v.

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