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)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
- DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
Full Text
1,726 chars-8-
The plain and commonsense meaning of the statutory language contained in 24 Code of
Federal Regulations part 5.2005 requires VAWA notices to be served with any notice of
termination. There is no language in the statute that would support a meaning that the VAWA
notices only need to be served with notices of termination that are premised on domestic
violence. (24 C.F.R. § 5.2005 (2016).) Respondent was required to serve the VAWA notices on
appellant prior to filing a complaint for unlawful detainer against appellant.
The court’s finding: “6. 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).” was
in error.
The court’s error of law is not harmless.
Where a party shows “a reasonable probability that in the absence of the error, a result
more favorable to [it] would have been reached., the error is not harmless. (Diaz v. Carcamo
(2011) 51 Cal.4th 1148, 1161, citing Soule v. General Motors Corp. (1994) 8 Cal.4th 548, 574.)
In this case, absent the error, the court would have found that respondent did not comply with the
notice requirements for an unlawful detainer action and would have found in favor of appellant.
A finding in favor of appellant would allow her to stay in her home.
Judgment is REVERSED, and Judgment is entered for Defendant.
Dated: November ___, 2019
__________________________________________
Sonia Cortes
Judge of the Appellate Division