KIM KRUGER, Case No. 1-14-AP-001641
Plaintiff and Respondent, Trial Ct. No. 1-13-CV-253086
v.
CORINA REYES et al., OPINION
Defendants and Appellants.
THE COURT.
Defendants and appellants Corina Reyes and Golden Gate Care Collective, Inc.
(collectively “Appellants”) appeal from the October 18, 2013 unlawful detainer judgment
against them. The judgment, entered after a court trial, restored possession of the subject
property to plaintiff and respondent Kim Kruger, and awarded her damages plus attorney fees
and costs in the total amount of $10,298.81. Because Appellants had timely paid all rent due
through the period covered by the three-day notice by deposit directly into Kruger‟s bank
account as provided by Civil Code section 1500, they had actually performed and were not in
default when Kruger served them with a three-day notice to pay rent or quit, even though
Kruger had returned at least some of the timely deposited funds. Kruger‟s service of the three-
day notice to pay rent or quit was therefore premature and void as a matter of law. We
accordingly reverse the judgment.
STATEMENT OF THE CASE1
Kruger is the owner of commercial real property located at 623 North First Street, in San
Jose. On May 20, 2012, she entered into a written lease agreement with Appellants, who used