Muzi Gao v. Campus 150 Venture II, LLC

I. Background

24 In August 2018, Plaintiff entered into a residential lease 25 agreement with Defendant Campus. The lease required Plaintiff to 26 pay 12 monthly installments of $860, plus an additional $100 per 27 month for garage parking. Before moving in, Plaintiff paid “a 28 Case 8:20-cv-01355-DDP-ADS Document Filed 01/31/ Page 2 of Page ID #:2071

security deposit of $1,920 — representing two months’ worth of rent.” (Declaration of Muzi Gao, ¶ 3.) The parties dispute whether Plaintiff timely paid rent for the months of June and July 2019. According to Campus’ regional manager, Chenoa Anderson, Gao did not make rent payments for June and July, and owed $1,929 in back rent when her lease expired at the end of July 2019. (Declaration of Chenoa Anderson ¶ 7.) When deposed, however, Anderson testified that Plaintiff never missed any rent payments. (Declaration of Ryan McBride, Ex. I at 26-27.) In any event, Campus did not charge Plaintiff late fees for unpaid rent, and applied the $1,920 “deposit” amount toward her account. After the lease expired, Plaintiff incurred a $135 assessment for apartment and…