Case Number: 13U07582    Hearing Date: November 07, 2014    Dept: 46

Case Number: 13U07582
SARA MANDELBAUM v. LILACH ZILBERMAN, etc. et al

11/07/2014

TENTATIVE RULING: Unopposed motion is GRANTED in part. As tenant has vacated the premises and therefore possession has reverted to defendants, no order restoring possession is require and the reduction in value ascribed to the uninhabitability conditions is no longer applicable. The court will sign an order indicating that the repairs have been completed as ordered in the court’s statement of decision entered 07/31/2013 and that the court terminates its continuing jurisdiction under CCP §1172.4(a). However, the court does not have jurisdiction to make an award of unpaid rent that accrued after the date of the judgment in this matter as the jurisdiction conferred by CC §1172.4 is strictly limited to authority to enforce the judgment to the extent necessary to assure completion of the repairs. Moreover language in CCP §1172.4 implies that the court has the authority only to award damages for unpaid rent due before the judgment. CCP §128.5 does not grant the court jurisdiction to issue an order regarding the requested relief as the court loses jurisdiction as to matters not specifically reserved by statute at the time of judgment. See CCP §577. The court merely set the reasonable rental value. Moving parties must file a separate action to recover unpaid rent and such claim is subject to any legal defenses that may exist.

This tentative ruling is posted at 12:45 p.m. on 11/6/2014 and the matter is set for hearing on 11/07/2014 at 8:30 a.m. / If there are no parties other than Plaintiff/Petitioner, then Plaintiff/Petitioner may submit to the tentative without appearance by telephonic notification to the clerk of Dept. 46 between 8:00 a.m. and 4:30 p.m. on a date prior to the hearing or morning prior to the hearing by calling (213) 974-5665, and the court will issue the tentative ruling as the final ruling. If the other parties have appeared in the action, then the parties must first confer and all agree that the tentative ruling will be the final ruling on the matter. If the parties to the matter before the court all agree, a representative of the parties may call the clerk and submit without an appearance, and the court will issue the tentative ruling as the final ruling. If an order is required, it should be lodged directly in Dept. 46 with a copy to adverse/other parties, if any.

The court finds that the habitability concerns that were raised in this case have been repaired as of January 20, 2014 and that the premises have been declared mold free. The Declaration of Tony Carlson, a licensed contractor, indicates that he completed work including waterproofing the exterior rear door leaving the bedroom, repaired and waterproofed th east facing window in the living room, repaired and painted all holes in the exterior and interior walls, and waterproofed two window facing north in the living room and repairing the roof above these windows, and repaired the toilet and pipe leak under the house.

However, the court does not have jurisdiction to enter a judgment or order for Mandelbaum to pay the amount of back rent claimed by moving parties that is allegedly owed for the period after judgment. The court’s jurisdiction terminated as to the portions of the judgment that were final – including damages – when the judgment was entered. CCP §577; Diamond Heights village Ass’n Inc v. Financial Freedom Senior Funding Corp (2011) 196 Cal.App.4th 290. The limited power reserved to the court under CCP §1174.2 was to make sure that the repairs were completed. The court does not have jurisdiction to determine whether or not the tenant paid the reasonable value as determined by the court after judgment was entered. A separate action will need to be filed to determine entitlement to such clamed amounts.