ESSEX PORTFOLIO LP VS. DARLENE GUTIERREZ ET AL

SF Superior Court - Real Property / Housing Dept 501 - CUD24674446 - July 8, 2025 Hearing date: July 8, 2025 Case number: CUD24674446 Case title: ESSEX PORTFOLIO LP VS. DARLENE GUTIERREZ ET AL Case Number: | | CUD24674446 | Case Title: | | ESSEX PORTFOLIO LP VS. DARLENE GUTIERREZ ET AL | Court Date: | | 2025-07-08 09:30 AM | Calendar Matter: | | Motion For Judgment Pursuant To Stipulation | Rulings: | | Real Property/Housing Court Law and Motion calendar for July 8, 2025, line 9.

Plaintiff's Motion for Judgment Pursuant to Stipulation is DENIED. Plaintiff has not shown that defendant has failed to pay the amounts due pursuant to the Stipulation. The Stipulation does not call for utility payments. Further, plaintiff does not articulate the current amount of the rent "according to the lease" anywhere in its moving or reply papers. The Complaint alleged that the current rent was $3,120.00 as of March 2024. Plaintiff has not offered any evidence that the rent due under the lease has been lawfully increased since that time.

Accounting for all payments tendered by defendant since the Stipulation was signed, both as reflected on plaintiff's ledger and including the cashier's checks plaintiff does not deny receiving in June 2025, defendant appears to have met all of her payment obligations under the Stipulation through July 1, 2025. Because plaintiff has not shown that defendant has failed to make her payments due under the Stipulation, the Court does not address defendant's unclean hands argument at this time. =(501/CFH)

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