12/6/2007

Ms. Gonzales (not her real name) is a single mother working her way through college. She has lived in the same apartment in Gardena for several years. After successfully defending herself in a prior eviction action, Ms. Gonzales was served with another 3-day notice to pay rent or quit. On the last day of the notice period, Ms. Gonzales attempted to pay rent, but the landlord was not at home during the hours stated in the notice. Later that night the landlord told Ms. Gonzales that she must pay rent with a money order, even though the 3-day notice specifically allowed payment by personal check. The landlord told her to give him the money order the following morning. When she returned the next morning with a cashier’s check, the landlord returned it to her as “late,” and filed suit to evict her.

LAFLA placed the case with pro bono attorneys Joseph Marra and Matt Wickersham of Gibson, Dunn & Crutcher, LLP. Joe and Matt, working with partner Timothy Hatch, learned that Ms. Gonzales had carefully documented all of her past payments to the landlord. During a three-hour bench trial, Joe and Matt presented testimony from Ms. Gonzales and her neighbor that she had attempted to pay rent in compliance with the notice, but was told by the landlord to return the next day with a money order.

The Court found that Ms. Gonzales’ testimony, in conjunction with her history of diligent attempts to pay rent, was more credible than the testimony presented by the landlord. Based on this finding, the Court ruled in favor of Ms. Gonzales. The court concluded that she had tendered rent in compliance with the notice, and that the landlord waived payment within the notice period by requesting a later payment.