Korens v. R. W. Zukin Corp., 212 Cal. App. 3d 1054 (1989)

Citation: Korens v. R. W. Zukin Corp., 212 Cal. App. 3d 1054 (1989)
Parent Document: Korens v. R. W. Zukin Corp., 212 Cal. App. 3d 1054 (1989)
Jurisdiction: California (state)
Effective Date: 1989-08-02
Original Source: https://www.courtlistener.com/opinion/2167019/korens-v-r-w-zukin-corp/ ↗

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We reject two additional arguments Korens asserts by way of petition for rehearing. First, Korens argues that a type of trust should also be imposed because Zukin in fact used the interest on the security deposit for its own corporate purposes. However, that is what the current state law allows. Second, Korens argues that the extensive regulation of security deposits under Civil Code section 1950.5, subdivision (e), which provides that “The landlord may claim of the security [deposit] only those amounts as are reasonably necessary . . . .” to cure tenant defaults and to repair and clean the premises, counsels imposition of the additional requirement that interest be paid. However, the extensive regulation of security deposits in this context only fortifies our conclusion that, if the Legislature had intended to impose the additional requirement that interest be paid, the Legislature would have so provided. We do not mean in any way to belittle Korens’s position, which is a forceful and principled argument for the extension of existing law. We simply hold that in this context any extension of the applicable law must come through legislation. 3

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