Guttman v. Chiazor

223 Cal. Rptr. 3d 482, 15 Cal. App. Supp. 5th 57, 2017 Cal. App. LEXIS 863
California Superior Court·Decided September 8, 2017·No. No. BV 031226-01·Published·Cited by 1 cases

Opinion

RICCIARDULLI, J.

*60INTRODUCTION

In the published portion of this opinion, we hold there is a right to a jury trial in an unlawful detainer action on the affirmative defense of breach of the warranty of habitability. The trial court erred in denying the demand for a jury trial by defendants Charles Chiazor and Hyacinth Pascascio and in conducting a court trial. Accordingly, we reverse the judgment in favor of plaintiff Phillip Guttman.

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FACTUAL AND PROCEDURAL BACKGROUND REGARDING 2015 ACTION

The unlawful detainer action at issue here was filed on March 12, 2015, with plaintiff alleging defendants failed to pay rent in March 2015. Plaintiff requested possession of the defendants' apartment unit, forfeiture of the rental agreement, past due rent, and damages.

On March 17, 2015, defendants filed a joint answer denying allegations in the complaint, including that a three-day notice to pay rent or quit was properly served and the complaint's stated fair rental value of the apartment. The answer also asserted several affirmative defenses. With regard to plaintiff's breach of the warranty of habitability, defendants checked the box in the form answer which stated, "The amount of rent demanded in the notice, and/or the daily rental value demanded in the complaint, is excessive because landlord has failed to provide a tenantable dwelling as follows, of which the landlord had actual and/or constructive notice and which are listed by way of example and not limitation."

Defendants proceeded to check the following boxes: "Damp/leaking ceiling/walls"; "Hole(s) in walls/floor/carpet"; "Falling plaster/peeling paint"; "Lack of/inadequate heat"; "Lack of/inadequate hot water"; "Missing/torn window screens"; "Missing/broken windows"; "Defective/leaking plumbing"; "Missing/broken *484smoke detectors"; "Infestation of roaches/ rodents/insects/vermin"; "Common areas unclean"; "Defective electrical/wiring"; and "Mold."

Defendants also checked the boxes asserting: the existence of a rebuttable presumption that the lessor breached the warranty of habitability because the *61conditions existed and were not abated for 60 days after lessor was given notice pursuant to Civil Code section 1942.3 ; the landlord was demanding rent in violation of Civil Code section 1942.4 because the apartment unit was uninhabitable and the conditions existed for at least 35 days after a public agency gave the landlord notice of the conditions; and "[a] substandard order was issued by a governmental agency with respect to the subject property."

Immediately prior to the start of trial, the parties told the court the only triable issue of fact would be the defense of breach of the warranty of habitability set forth in the answer. Plaintiff argued the court should conduct a trial without a jury. Plaintiff pointed out Code of Civil Procedure section 1174.2 stated that, in an unlawful detainer trial involving breach of the warranty of habitability, "the court shall determine whether a substantial breach of these obligations occurred" and judgment must be entered in favor of a landlord when "the court determines that there has been no substantial breach." (Italics added.) Plaintiff argued the reference to "the court" rather than "the jury" or "the trier of fact" meant there was no right to jury trial on the issue. Referencing Code of Civil Procedure section 1174.2, subdivision (d), defendants responded that the statute stated it was not "intended to deny the tenant the right to a trial by jury."

The court ruled there was no right to trial by jury on the warranty of habitability issue. Based on its ruling, a court trial was conducted. After considering witnesses called by plaintiff and defendant and numerous photographs and other exhibits, the court found a substantial breach of the warranty of habitability was not established. (Given our disposition, we omit a summary of the evidence presented at trial.) On September 16, 2015, the court entered judgment in favor of plaintiff, awarding him possession of the property, forfeiture of the rental agreement and back rent as damages.

DISCUSSION

The Issue

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Guttman v. Chiazor, 223 Cal. Rptr. 3d 482, 15 Cal. App. Supp. 5th 57, 2017 Cal. App. LEXIS 863 (Cal. Super. Ct. 2017).

223 Cal. Rptr. 3d 482 (Guttman v. Chiazor) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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