Erlach v. Sierra Asset Servicing, LLC, 226 Cal. App. 4th 1281 (2014)

Citation: Erlach v. Sierra Asset Servicing, LLC, 226 Cal. App. 4th 1281 (2014)
Parent Document: Erlach v. Sierra Asset Servicing, LLC, 226 Cal. App. 4th 1281 (2014)
Jurisdiction: California (state)
Effective Date: 2014-06-10
Original Source: https://www.courtlistener.com/opinion/2677838/erlach-v-sierra-asset-servicing-llc/ ↗

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dwelling will be deemed untenantable for purposes of Civil Code section 1941 "if it
substantially lacks any of the following affirmative standard characteristics . . . . [¶]
(2) Plumbing or gas facilities that conformed to applicable law in effect at the time of
installation, maintained in good working order. ¶] (3) A water supply approved under
applicable law that is under the control of the tenant, capable of producing hot and cold
running water, or a system under the control of the landlord, that produces hot and cold
running water, furnished to appropriate fixtures, and connected to a sewage disposal
system approved under applicable law. [¶] (4) Heating facilities that conformed with
applicable law at the time of installation, maintained in good working order. [¶]
(5) Electrical lighting, with wiring and electrical equipment that conformed with
applicable law at the time of installation, maintained in good working order." (Italics
added.) Again, all these characteristics would have been present when Schwann had all
the utilities turned off.

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