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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (29)

Full Text

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       Appellant contends that the trial court incorrectly found that respondent strictly complied
with the notice requirements set forth in Code of Civil Procedure section 1161 and 24 Code of
Federal Regulations part 5.2005(a)(2)(iii), since the 10-day notice to pay rent or quit did not
include the statutorily required Notice of Occupancy Rights under the Violence Against Women
Act, and certification form (“VAWA notices”).
       Respondent contends that the trial court correctly found that the notice served in this case
was sufficient under Code of Civil Procedure section 1161 and 24 Code of Federal Regulations
part 5.2005 since, 24 Code of Federal Regulations part 5.2005(d)(2) does not require that
VAWA notices be served with a notice to pay rent or quit.
       In determining whether the VAWA notices set for forth in 24 Code of Federal
Regulations, part 5.2005 are required to be served with a 10-day notice to pay rent or quit, we
must look to the language of the statute.
         C. The trial court erred in finding that VAWA notices were not required to be
            served with notice to pay rent or quit since the notice was not premised on
            domestic violence.