Mobilehome Residency LawActions, Proceedings, and Penalties

Section § 798.84

Explanation

Before homeowners can sue management for not fixing or maintaining shared amenities or reducing services, they must give a 30-day written notice detailing their complaints and desired fixes. This notice, even if from just one homeowner, covers all residents. It must be delivered according to specific legal procedures. Management is considered notified either through this process or if an agency has alerted them. If the notice is given close to the end of the lawsuit deadline, the deadline gets a 30-day extension. These rules don’t apply to personal injury or wrongful death cases.

(a)CA Civil Law Code § 798.84(a) No action based upon the management’s alleged failure to maintain the physical improvements in the common facilities in good working order or condition or alleged reduction of service may be commenced by a homeowner unless the management has been given at least 30 days’ prior notice of the intention to commence the action.
(b)CA Civil Law Code § 798.84(b) The notice shall be in writing, signed by the homeowner or homeowners making the allegations, and shall notify the management of the basis of the claim, the specific allegations, and the remedies requested. A notice by one homeowner shall be deemed to be sufficient notice of the specific allegation to the management of the park by all of the homeowners in the park.
(c)CA Civil Law Code § 798.84(c) The notice may be served in the manner prescribed in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure.
(d)CA Civil Law Code § 798.84(d) For purposes of this section, management shall be deemed to be notified of an alleged failure to maintain the physical improvements in the common facilities in good working order or condition or of an alleged reduction of services upon substantial compliance by the homeowner or homeowners with the provisions of subdivisions (b) and (c), or when management has been notified of the alleged failure to maintain or the alleged reduction of services by a state or local agency.
(e)CA Civil Law Code § 798.84(e) If the notice is served within 30 days of the expiration of the applicable statute of limitations, the time for the commencement of the action shall be extended 30 days from the service of the notice.
(f)CA Civil Law Code § 798.84(f) This section does not apply to actions for personal injury or wrongful death.
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Section § 798.85

Explanation

If you win a lawsuit under this chapter, you can get back the money you spent on attorneys and other legal costs. You are considered the 'winner' if the court decides in your favor or if the case is dropped before or during the trial, unless you've agreed on a different arrangement with the other side.

In any action arising out of the provisions of this chapter the prevailing party shall be entitled to reasonable attorney’s fees and costs. A party shall be deemed a prevailing party for the purposes of this section if the judgment is rendered in his or her favor or where the litigation is dismissed in his or her favor prior to or during the trial, unless the parties otherwise agree in the settlement or compromise.
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Section § 798.86

Explanation

If a current or former homeowner in a housing park wins a legal case against the park's management for not respecting their rights, the court can make the management pay up to $2,000 for each intentional violation. The homeowner can also receive punitive damages, which are extra money meant to punish bad behavior, but they can't get both the $2,000 penalty and punitive damages at the same time.

(a)CA Civil Law Code § 798.86(a) If a homeowner or former homeowner of a park is the prevailing party in a civil action, including a small claims court action, against the management to enforce his or her rights under this chapter, the homeowner, in addition to damages afforded by law, may, in the discretion of the court, be awarded an amount not to exceed two thousand dollars ($2,000) for each willful violation of this chapter by the management.
(b)CA Civil Law Code § 798.86(b) A homeowner or former homeowner of a park who is the prevailing party in a civil action against management to enforce his or her rights under this chapter may be awarded either punitive damages pursuant to Section 3294 of the Civil Code or the statutory penalty provided by subdivision (a).
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Section § 798.87

Explanation

If a mobile home park's management fails to keep shared areas in good condition or breaks park rules badly, it's considered a public nuisance. To fix these issues, legal action can be taken by a resident, the park management, the district attorney, county counsel, city attorney, city prosecutor, or the Attorney General. These problems can't be addressed by regular means like in Section 3491 but need specific legal action or fixing the problem directly.

(a)CA Civil Law Code § 798.87(a) The substantial failure of the management to provide and maintain physical improvements in the common facilities in good working order and condition shall be deemed a public nuisance. Notwithstanding Section 3491, this nuisance may only be remedied by a civil action or abatement.
(b)CA Civil Law Code § 798.87(b) The substantial violation of a mobilehome park rule shall be deemed a public nuisance. Notwithstanding Section 3491, this nuisance may only be remedied by a civil action or abatement.
(c)CA Civil Law Code § 798.87(c) A civil action pursuant to this section may be brought by a park resident, the park management, or in the name of the people of the State of California, by any of the following:
(1)CA Civil Law Code § 798.87(c)(1) The district attorney or the county counsel of the jurisdiction in which the park, or the greater portion of the park, is located.
(2)CA Civil Law Code § 798.87(c)(2) The city attorney or city prosecutor if the park is located within the jurisdiction of the city.
(3)CA Civil Law Code § 798.87(c)(3) The Attorney General.
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Section § 798.88

Explanation

This law allows mobilehome park management to stop someone from repeatedly breaking the park's rules by asking the court for an injunction. They can get a temporary order right away to prevent further issues if they can prove that harm would occur otherwise. The temporary order lasts up to 15 days, and then a hearing is held to decide if a longer-term injunction is needed, which can last up to three years. If problems continue, management can request another injunction before the first one expires. People involved can have a lawyer or represent themselves. This law doesn't stop the park from ending a tenancy for other reasons.

(a)CA Civil Law Code § 798.88(a) In addition to any right under Article 6 (commencing with Section 798.55) to terminate the tenancy of a homeowner, any person in violation of a reasonable rule or regulation of a mobilehome park may be enjoined from the violation as provided in this section.
(b)CA Civil Law Code § 798.88(b) A petition for an order enjoining a continuing or recurring violation of any reasonable rule or regulation of a mobilehome park may be filed by the management thereof within the limited jurisdiction of the superior court of the county in which the mobilehome park is located. At the time of filing the petition, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527 of the Code of Civil Procedure. A temporary order restraining the violation may be granted, with notice, upon the petitioner’s affidavit showing to the satisfaction of the court reasonable proof of a continuing or recurring violation of a rule or regulation of the mobilehome park by the named homeowner or resident and that great or irreparable harm would result to the management or other homeowners or residents of the park from continuance or recurrence of the violation.
(c)CA Civil Law Code § 798.88(c) A temporary restraining order granted pursuant to this subdivision shall be personally served upon the respondent homeowner or resident with the petition for injunction and notice of hearing thereon. The restraining order shall remain in effect for a period not to exceed 15 days, except as modified or sooner terminated by the court.
(d)CA Civil Law Code § 798.88(d) Within 15 days of filing the petition for an injunction, a hearing shall be held thereon. If the court, by clear and convincing evidence, finds the existence of a continuing or recurring violation of a reasonable rule or regulation of the mobilehome park, the court shall issue an injunction prohibiting the violation. The duration of the injunction shall not exceed three years.
(e)CA Civil Law Code § 798.88(e) However, not more than three months prior to the expiration of an injunction issued pursuant to this section, the management of the mobilehome park may petition under this section for a new injunction where there has been recurring or continuous violation of the injunction or there is a threat of future violation of the mobilehome park’s rules upon termination of the injunction.
(f)CA Civil Law Code § 798.88(f) Nothing shall preclude a party to an action under this section from appearing through legal counsel or in propria persona.
(g)CA Civil Law Code § 798.88(g) The remedy provided by this section is nonexclusive and nothing in this section shall be construed to preclude or limit any rights the management of a mobilehome park may have to terminate a tenancy.
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