MRL Article 8 - Actions, Proceedings, and Penalties
798.84 NOTICE OF LAWSUIT FOR FAILURE TO MAINTAIN
(a) No action based upon the management’s alleged failure to maintain the physical improvements in the commonfacilities in good working order or condition or alleged reduction of service may be commenced by a homeownerunless the management has been given at least 30 days’ prior notice of the intention to commence the action.
(b) The notice shall be in writing, signed by the homeowner or homeowners making the allegations, and shall notify themanagement of the basis of the claim, the specific allegations, and the remedies requested. A notice by onehomeowner shall be deemed to be sufficient notice of the specific allegation to the management of the park by all ofthe homeowners in the park.
(c) The notice may be served in the manner prescribed in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2of the Code of Civil Procedure.
(d) For purposes of this section, management shall be deemed to be notified of an alleged failure to maintain the physicalimprovements in the common facilities in good working order or condition or of an alleged reduction of services uponsubstantial compliance by the homeowner or homeowners with the provisions of subdivisions (b) and (c), or whenmanagement has been notified of the alleged failure to maintain or the alleged reduction of services by a state orlocal agency.
(e) If the notice is served within 30 days of the expiration of the applicable statute of limitations, the time for thecommencement of the action shall be extended 30 days from the service of the notice.
(f) This section does not apply to actions for personal injury or wrongful death.
(Added by stats. 1988, Chap. 1592 (AB 4012, Costa), eff. 1/1/1989)
798.85 ATTORNEY’S FEES AND COSTS
In any action arising out of the provisions of this chapter the prevailing party shall be entitled to reasonable attorney’s feesand costs. A party shall be deemed a prevailing party for the purposes of this section if the judgment is rendered in his orher favor or where the litigation is dismissed in his or her favor prior to or during the trial, unless the parties otherwiseagree in the settlement or compromise.
(Amended by Stats. 1983, Chap. 519 (AB 1052, Bader), eff. 1/1/1984)
798.86 MANAGEMENT PENALTY FOR WILLFUL VIOLATION
(a) If a homeowner or former homeowner of a park is the prevailing party in a civil action, including a small claims courtaction, against the management to enforce his or her rights under this chapter, the homeowner, in addition todamages afforded by law, may, in the discretion of the court, be awarded an amount not to exceed two thousanddollars ($2,000) for each willful violation of this chapter by the management.
(b) A homeowner or former homeowner of a park who is the prevailing party in a civil action against management toenforce his or her rights under this chapter may be awarded either punitive damages pursuant to Section 3294 of theCivil Code or the statutory penalty provided by subdivision (a).
(Amended by Stats. 2003, Chap. 98 (AB 693, Corbett), eff. 1/1/2004)
798.87 PUBLIC NUISANCES AND ABATEMENT
(a) The substantial failure of the management to provide and maintain physical improvements in the common facilities ingood working order and condition shall be deemed a public nuisance. Notwithstanding Section 3491, such a nuisancemay only be remedied by a civil action or abatement.
(b) The substantial violation of a mobilehome park rule shall be deemed a public nuisance. Notwithstanding Section3491, this nuisance may only be remedied by a civil action or abatement.
(c) A civil action pursuant to this section may be brought by a park resident, the park management, or in the name of thepeople of the State of California, by any of the following:
The district attorney or the county counsel of the jurisdiction in which the park, or the greater portion of the park, is located.
The city attorney or city prosecutor if the park is located within the jurisdiction of the city.
The Attorney General.
(Amended by Stats. 2002, Chap. 141 (AB 2382, Corbett), eff. 1/1/2003)
798.88 INJUNCTION FOR VIOLATION OF PARK RULES
(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 asprovided in this section.
(b) A petition for an order enjoining a continuing or recurring violation of any reasonable rule or regulation of amobilehome park may be filed by the management thereof within the limited jurisdiction of the superior court of thecounty in which the mobilehome park is located. At the time of filing the petition, the petitioner may obtain atemporary restraining order in accordance with subdivision (a) of Section 527 of the Code of Civil Procedure. Atemporary order restraining the violation may be granted, with notice, upon the petitioner’s affidavit showing to thesatisfaction of the court reasonable proof of a continuing or recurring violation of a rule or regulation of themobilehome park by the named homeowner or resident and that great or irreparable harm would result to themanagement or other homeowners or residents of the park from continuance or recurrence of the violation.
(c) A temporary restraining order granted pursuant to this subdivision shall be personally served upon the respondenthomeowner or resident with the petition for injunction and notice of hearing thereon. The restraining order shallremain in effect for a period not to exceed 15 days, except as modified or sooner terminated by the court.
(d) Within 15 days of filing the petition for an injunction, a hearing shall be held thereon. If the court, by clear andconvincing evidence, finds the existence of a continuing or recurring violation of a reasonable rule or regulation of themobilehome park, the court shall issue an injunction prohibiting the violation. The duration of the injunction shall notexceed three years.
(e) However, not more than three months prior to the expiration of an injunction issued pursuant to this section, themanagement of the mobilehome park may petition under this section for a new injunction where there has beenrecurring or continuous violation of the injunction or there is a threat of future violation of the mobilehome park’srules upon termination of the injunction.
(f) Nothing shall preclude a party to an action under this section from appearing through legal counsel or in propriapersona.
(g) The remedy provided by this section is nonexclusive and nothing in this section shall be construed to preclude or limitany rights the management of a mobilehome park may have to terminate a tenancy.
(Amended by Stats. 2015, Chap. 176 (SB 244, Vidak), eff. 1/1/2016)