2009 California Civil Code - Section 1859-1867 :: Article 4. Innkeepers

CIVIL CODE
SECTION 1859-1867

1859.  The liability of an innkeeper, hotelkeeper, operator of a
licensed hospital, rest home or sanitarium, furnished apartment house
keeper, furnished bungalow court keeper, boardinghouse or
lodginghouse keeper, for losses of or injuries to personal property,
is that of a depositary for hire; provided, however, that in no case
shall such liability exceed the sum of one thousand dollars ($1,000)
in the aggregate. In no case shall liability exceed, for each item of
described property, the respective sums of five hundred dollars
($500) for each trunk and its contents, two hundred fifty dollars
($250) for each valise or traveling bag and its contents, two hundred
fifty dollars ($250) for each box, bundle or package and its
contents, and two hundred fifty dollars ($250) for all other personal
property of any kind, unless he shall have consented in writing with
the owner thereof to assume a greater liability.

1860.  If an innkeeper, hotelkeeper, operator of a licensed
hospital, rest home or sanitarium, boardinghouse or lodginghouse
keeper, keeps a fireproof safe and gives notice to a guest, patient,
boarder or lodger, either personally or by putting up a printed
notice in a prominent place in the office or the room occupied by the
guest, patient, boarder, or lodger, that he keeps such a safe and
will not be liable for money, jewelry, documents, furs, fur coats and
fur garments, or other articles of unusual value and small compass,
unless placed therein, he is not liable, except so far as his own
acts shall contribute thereto, for any loss of or injury to such
articles, if not deposited with him to be placed therein, nor in any
case for more than the sum of five hundred dollars ($500) for any or
all such property of any individual guest, patient, boarder, or
lodger, unless he shall have given a receipt in writing therefor to
such guest, patient, boarder or lodger.

1861.  Hotel, motel, inn, boardinghouse, and lodginghouse keepers
shall have a lien upon the baggage and other property belonging to or
legally under the control of their guests, boarders, tenants, or
lodgers which may be in such hotel, motel, inn, or boarding or
lodging house for the proper charges due from such guests, boarders,
tenants, or lodgers, for their accommodation, board and lodging and
room rent, and such extras as are furnished at their request, and for
all money paid for or advanced to such guests, boarders, tenants, or
lodgers, and for the costs of enforcing such lien. The lien may be
enforced only after final judgment in an action brought to recover
such charges or moneys. During the pendency of the proceeding, the
plaintiff may take possession of the baggage and property pursuant to
a writ of possession as provided by Sections 1861.1 to 1861.27,
inclusive. However, if any baggage or property becoming subject to
the lien herein provided for does not belong to the guest, lodger,
tenant, or boarder who incurred the charges or indebtedness secured
thereby, at the time when such charges or indebtedness was incurred,
and if the hotel, motel, inn, boarding or lodging house keeper
entitled to such lien receives notice of such fact at any time before
the sale of such baggage or property hereunder, then, and in that
event, such baggage and property which is subject to said lien and
did not belong to said guest, boarder, tenant, or lodger at the time
when such charges or indebtedness was incurred shall not be subject
to this lien.
   Any property which is exempt from enforcement of a money judgment
is not subject to the lien provided for in this section.

1861.1.  Definitions for purposes of Sections 1861 through 1861.27
include the following:
   (a) "Hotel", "motel", "inn", "boardinghouse", and "lodginghouse
keeper" means any person, corporation, partnership, unincorporated
association, public entity, or agent of any of the aforementioned,
who offers and accepts payment for rooms, sleeping accommodations, or
board and lodging and retains the right of access to, and control
of, the dwelling unit.
   (b) "Levying officer" means the sheriff or marshal who is directed
to execute a writ of possession issued pursuant to this article.
   (c) "Plaintiff" means any party filing a complaint or cross
complaint.
   (d) "Probable validity" means that the plaintiff, more likely than
not, will obtain a judgment against the defendant on the plaintiff's
claim.

1861.5.  (a) Upon the filing of a complaint, or at any time
thereafter, the plaintiff may apply, pursuant to this article, for a
writ of possession by filing an application for the writ with the
court in which the action was filed.
   (b) The application shall be executed under oath and shall include
all of the following:
   (1) A showing of the basis of the plaintiff's claim, including a
showing that the plaintiff is entitled to possession of the property
claimed pursuant to an innkeepers' lien.
   (2) A general description of the property and a statement of its
value.
   (3) A statement of the amount of money claimed to be owed by the
guest, lodger, tenant, or boarder.
   (c) The requirements of subdivision (b) may be satisfied by one or
more affidavits filed with the application.

1861.6.  (a) Except as otherwise provided in this section, no writ
shall be issued under this article except after a hearing on a
noticed motion.
   (b) A writ of possession may be issued ex parte pursuant to this
subdivision, if probable cause appears that the following conditions
exist:
   (1) The property is not necessary for the support of the defendant
or his family;
   (2) There is an immediate danger that the property will become
unavailable to levy, by reason of being transferred, concealed, or
removed from the state, or the premises of the motel, hotel, inn,
boardinghouse, or lodginghouse, or will become substantially impaired
in value by acts of destruction or by failure to take care of the
property in a reasonable manner; and
   (3) The ex parte issuance of a writ of possession is necessary to
protect the property.
   (4) The plaintiff establishes the probable validity of the
plaintiff's claim.
   The plaintiff's application for the writ shall satisfy the
requirements of Section 1861.5 and, in addition, shall include a
showing that the conditions required by this subdivision exist. A
writ of possession may issue if the court finds that the conditions
required by this subdivision exist, and the requirements of Section
1861.5 are met. Where a writ of possession has been issued pursuant
to this subdivision, a copy of the summons and complaint, a copy of
the application and any affidavit in support thereof, and a notice
which satisfies the requirements of subdivisions (b) and (c) of
Section 1861.8 and informs the defendant of his rights under this
subdivision shall be served upon the defendant, and any other person
required by Section 1861.8 to be served with a writ of possession.
Any defendant whose property has been taken pursuant to a writ of
possession issued under this subdivision may apply for an order that
the writ be quashed, and any property levied on pursuant to the writ
be released. Such application shall be made by noticed motion, and
the provisions of Section 1861.9 shall apply. Pending the hearing of
the defendant's application, the court may order that delivery
pursuant to Section 1861.19 of any property previously levied upon be
stayed. If the court determines that the plaintiff is not entitled
to a writ of possession, the court shall quash the writ of possession
and order the release and redelivery of any property previously
levied upon, and shall award the defendant any damages sustained by
the defendant which were proximately caused by the levy of the writ
of possession and the loss of possession of the property pursuant to
such levy.

1861.7.  Prior to the hearing required by subdivision (a) of Section
1861.6, the defendant shall be served with all of the following:
   (a) A copy of the summons and complaint.
   (b) Notice of application and hearing.
   (c) A copy of the application and any affidavit filed in support
thereof.

1861.8.  The "Notice of Application and Hearing" shall inform the
defendant of all of the following:
   (a) The hearing will be held at a place and at a time, to be
specified in the notice, on plaintiff's application for writ of
possession.
   (b) The writ shall be issued if the court finds that the plaintiff'
s claim has probable validity and the other requirements for issuing
the writ are established. The hearing is not for the purpose of
determining whether the claim is actually valid; such determination
shall be made in subsequent proceedings in the action.
   (c) If the defendant desires to oppose the issuance of the writ,
he shall file with the court either an affidavit providing evidence
sufficient to defeat the plaintiff's right to issuance of the writ,
or an undertaking to stay the delivery of the property in accordance
with Section 1861.22.
   (d) The notice shall contain the following statement in 10-point
bold type:

   "If you believe the plaintiff may not be entitled to possession of
the property claimed, you may wish to seek the advice of an
attorney. Such attorney should be consulted promptly so that he may
assist you before the time set for the hearing."

1861.9.  Each party shall file with the court and serve upon the
other party within the time prescribed by rule, any affidavits and
points and authorities intended to be relied upon at the hearing. At
the hearing, the court shall make its determination upon the basis of
the pleadings and other papers in the record; but, upon good cause
shown, the court may receive and consider additional evidence and
authority produced at the hearing, or may continue the hearing for
the production of additional evidence, oral or documentary, and the
filing of other affidavits or points and authorities.

1861.10.  (a) At the hearing a writ of possession shall issue if all
of the following are found:
   (1) The plaintiff has established the probable validity of his
claim to possession of the property of the tenant, boarder, or
lodger.
   (2) That the property which is described within the application
for the writ is located on the premises of the motel, hotel,
boardinghouse or lodginghouse.
   (3) The plaintiff has provided an undertaking as required by
Section 1861.21.
   (b) No writ directing the levying officer to enter any premises to
take possession of any property shall be issued unless the plaintiff
has established that there is probable cause to believe that such
property is located there.

1861.12.  The writ of possession shall meet all of the following
requirements:
   (a) Be directed to the levying officer within whose jurisdiction
the property is located.
   (b) Generally describe the property to be seized.
   (c) Specify the apartment, motel, or other boarding premises that
may be entered to take possession of the property, or some part of
it.
   (d) Direct the levying officer to levy on the property pursuant to
Section 1861.18 if found on the described premises, and to retain
custody of it until released or sold pursuant to Section 1861.19.
   (e) Inform the defendant of the right to object to the plaintiff's
undertaking, a copy of which shall be attached to the writ, or to
obtain the delivery of the property by filing an undertaking as
prescribed by Section 1861.22.

1861.13.  Neither the failure of the defendant to oppose the
issuance of a writ of possession under this article, nor his failure
to rebut any evidence produced by the plaintiff in connection with
proceedings under this article, shall constitute a waiver of any
defense to the plaintiff's claim in the action, or any other action,
or have any effect on the right of the defendant to produce or
exclude evidence at the trial of any such action.

1861.14.  The determinations of the court under this article shall
have no effect on the determination of any issues in the action,
other than the issues relevant to proceedings under this article, nor
shall they affect the rights of any party in any other action
arising out of the same claim. The determinations of the court under
this article shall not be given in evidence, or referred to in the
trial.

1861.15.  If the plaintiff fails to recover judgment in the action,
he shall redeliver the property to the defendant, and be liable for
all damages sustained by the defendant, which are proximately caused
by operation of the temporary restraining order and preliminary
injunction, if any, the levy of the writ of possession, and the loss
of possession of the property pursuant to the levy of the writ of
possession.

1861.16.  (a) At or after the time he files an application for a
writ of possession, the plaintiff may apply for a temporary
restraining order by setting forth in the application a statement of
grounds justifying the issuance of such order.
   (b) A temporary restraining order may issue ex parte if all the
following are found:
   (1) The plaintiff has established the probable validity of his
claim and entitlement to possession of the property, pursuant to an
innkeepers' lien.
   (2) The plaintiff has provided an undertaking as required by
Section 1861.21.
   (3) The plaintiff has established the probable validity that there
is an immediate danger that the property claimed may become
unavailable to levy by reason of being transferred, concealed, or
removed, or may become substantially impaired in value.
   (c) If at the hearing on the issuance of the writ of possession
the court determines that the plaintiff is not entitled to a writ of
possession, the court shall dissolve any temporary restraining order;
otherwise, the court may issue a preliminary injunction to remain in
effect until the property claimed is seized pursuant to the writ of
possession.

1861.17.  In the discretion of the court, the temporary restraining
order may prohibit the defendant from doing any or all of the
following:
   (a) Transferring any interest in the property by sale, pledge, or
grant of security interest, or otherwise disposing of, or
encumbering, the property.
   (b) Concealing or otherwise removing the property in such a manner
as to make it less available to seizure by the levying officer.
   (c) Impairing the value of the property either by acts of
destruction or by failure to care for the property in a reasonable
manner.

1861.18.  (a) At the time of levy, the levying officer shall deliver
to the person in possession of the property a copy of the writ of
possession, with a copy of the plaintiff's undertaking attached.
   (b) If no one is in possession of the property at the time of
levy, the levying officer shall subsequently serve the writ and
attached undertaking on the defendant. If the defendant has appeared
in the action, service shall be accomplished in the manner provided
by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2. If
the defendant has not appeared in the action, service shall be
accomplished in the manner provided for the service of summons and
complaint by Article 3 (commencing with Section 415.10) of Chapter 4
of Title 5 of Part 2.

1861.19.  (a) After the levying officer takes possession pursuant to
the writ of possession, the levying officer shall keep the property
in a secure place. Except as otherwise provided in Section 1861.6:
   (1) If notice of the filing of an undertaking for redelivery or
notice of objection to the undertaking is not received by the levying
officer within 10 days after levy of the writ of possession, the
levying officer shall deliver the property to plaintiff, upon
receiving the fees for taking, and necessary expenses for keeping,
the property.
   (2) If notice of the filing of an undertaking for redelivery is
received by the levying officer within 10 days after levy of the writ
of possession, and no objection is made to the defendant's
undertaking, the levying officer shall redeliver the property to
defendant upon expiration of the time to object, upon receiving the
fees for taking and necessary expenses for keeping the property not
already paid or advanced by the plaintiff.
   (3) If notice of objection to the plaintiff's undertaking or
notice of the filing of an undertaking for redelivery is received
within 10 days after levy of the writ of possession, and objection is
made to the defendant's undertaking, the levying officer shall not
deliver or redeliver the property until the time provided in Section
1861.23.
   (b) Notwithstanding subdivision (a), when not otherwise provided
by contract, and where an undertaking for redelivery has not been
filed, upon a showing that the property is perishable, or will
greatly deteriorate or depreciate in value, or for some other reason
that the interest of the parties will be best served thereby, the
court may order that the property be sold and the proceeds deposited
in the court to abide the judgment in the action.

1861.20.  The levying officer shall return the writ of possession,
with his proceedings thereon, to the court in which the action is
pending, within 30 days after a levy, but in no event more than 60
days after the writ is issued.

1861.21.  The court shall not issue a temporary restraining order or
a writ of possession until the plaintiff has filed with the court an
undertaking. The undertaking shall provide that the sureties are
bound to the defendant in the amount of the undertaking for the
return of the property to the defendant, if the return thereof be
ordered, and for the payment to the defendant of any sum recovered
against plaintiff. The undertaking shall be in an amount not less
than twice the value of the property.

1861.22.  (a) The defendant may prevent the plaintiff from taking
possession of property, pursuant to a writ of possession, or regain
possession of property so taken, by filing with the court in which
the action was brought an undertaking in an amount equal to the
amount of the plaintiff's undertaking required by Section 1861.21.
The undertaking shall state that, if the plaintiff recovers judgment
on the action, the defendant shall pay all costs awarded to the
plaintiff and all damages that the plaintiff may sustain by reason of
the loss of possession of the property, not exceeding the amount of
the undertaking.
   (b) The defendant's undertaking may be filed at any time before or
after the levy of the writ of possession. The defendant shall mail a
copy of the undertaking to the levying officer.
   (c) If an undertaking for redelivery is filed, and no objection is
made to the undertaking, the levying officer shall deliver the
property to the defendant, or, if the plaintiff has previously been
given possession of the property, the plaintiff shall deliver the
property to the defendant. If an undertaking for redelivery is filed
and an objection to the undertaking is made, the provisions of
Section 1861.23 apply.

1861.23.  (a) The defendant may object to the plaintiff's
undertaking not later than 10 days after levy of the writ of
possession. The defendant shall mail notice of objection to the
levying officer.
   (b) The plaintiff may object to the defendant's undertaking not
later than 10 days after the defendant's undertaking is filed. The
plaintiff shall mail notice of objection to the levying officer .
   (c) If the court determines that the plaintiff's undertaking is
not sufficient and a sufficient undertaking is not given within the
time provided by statute, the court shall vacate the temporary
restraining order or preliminary injunction, if any, and the writ of
possession and, if levy has occurred, order the levying officer or
the plaintiff to return the property to the defendant. If the court
determines that the plaintiff's undertaking is sufficient, the court
shall order the levying officer to deliver the property to the
plaintiff.
   (d) If the court determines that the defendant's undertaking is
not sufficient and a sufficient undertaking is not given within the
time required by statute, the court shall order the levying officer
to deliver the property to the plaintiff, or, if the plaintiff has
previously been given possession of the property, the plaintiff shall
retain possession. If the court determines the defendant's
undertaking is sufficient, the court shall order the levying officer
or the plaintiff to deliver the property to the defendant.

1861.24.  Unless the judgment is paid within 30 days from the date
it becomes final, the plaintiff may sell the baggage and property at
public auction to the highest bidder, after giving notice of the sale
by publication. The notice shall contain the name of the debtor, the
amount due, a brief description of the property to be sold, and the
time and place of sale, in the manner required by Section 6061 of the
Government Code in the county in which the premises are situated. A
copy of the notice shall be mailed, at least 15 days prior to the
date of sale, to the tenant or guest at his or her residence or other
known address, and if not known, to the tenant or guest at the place
where the premises are situated. After satisfying the lien out of
the proceeds of the sale, together with any reasonable costs that may
have been incurred in enforcing the lien, the balance of the
proceeds of the sale, if any, which have not been claimed by the
tenant or guest shall, within 30 days from the date of the sale, be
paid into the treasury of the county in which the sale took place. If
that balance is not claimed by the owner thereof, or his legal
representative, within one year thereafter, by making application to
the treasurer or other official designated by the county, it shall be
paid into the general fund of the county. Any sale conducted
pursuant to this section shall be a bar to any action against the
plaintiff for the recovery of the baggage or property, or of the
value thereof, or for any damages arising out of the failure of the
tenant or guest to receive the baggage or property.

1861.25.  Where the property taken is claimed by a third person, the
rules and proceedings applicable in cases of third-party claims
under Division 4 (commencing with Section 720.010) of Title 9 of Part
2 of the Code of Civil Procedure apply.

1861.27.  The facts stated in each affidavit filed pursuant to this
article shall be set forth with particularity. Except where matters
are specifically permitted by this article to be shown by information
and belief, each affidavit shall show affirmatively that the
affiant, if sworn as a witness, can testify competently to the facts
stated therein. The affiant may be any person, whether or not a party
to this action, who has knowledge of the facts. A verified complaint
that satisfies the requirements of this section may be used in lieu
of, or in addition to, an ordinary affidavit.

1861.28.  The judicial duties to be performed under this article are
"subordinate judicial duties" within the meaning of Section 22 of
Article VI of the California Constitution, and may be performed by
appointed officers such as court commissioners.

1861a.  Keepers of furnished and unfurnished apartment houses,
apartments, cottages, or bungalow courts shall have a lien upon the
baggage and other property of value belonging to their tenants or
guests, and upon all the right, title and interest of their tenants
or guests in and to all property in the possession of such tenants or
guests which may be in such apartment house, apartment, cottage, or
bungalow court, for the proper charges due from such tenants or
guests, for their accommodation, rent, services, meals, and such
extras as are furnished at their request, and for all moneys expended
for them, at their request, and for the costs of enforcing such
lien.
   Such lien may be enforced only after final judgment in an action
brought to recover such charges or moneys. During the pendency of the
proceeding, the plaintiff may take possession of such baggage and
property upon an order issued by the court, where it appears to the
satisfaction of the court from an affidavit filed by or on behalf of
the plaintiff that the baggage or property is about to be destroyed,
substantially devalued, or removed from the premises. Ten days
written notice of the hearing on the motion for such order shall be
served on the defendant and shall inform the defendant that the
defendant may file affidavits on the defendant's behalf and present
testimony in the defendant's behalf and that if the defendant fails
to appear the plaintiff will apply to the court for such order. The
plaintiff shall file an undertaking with good and sufficient
sureties, to be approved by the court, in such sum as may be fixed by
the court.
   Upon such order, the plaintiff shall have the right to enter
peaceably the unfurnished apartment house, apartment, cottage, or
bungalow court used by the guest or tenant without liability to the
guest or tenant, including any possible claim of liability for
conversion, trespass, or forcible entry. The plaintiff shall have the
same duties and liabilities as a depository for hire as to property
which the plaintiff takes into possession. An entry shall be
considered peaceable when accomplished with a key or passkey or
through an unlocked door during the hours between sunrise and sunset.
Unless the judgment shall be paid within 30 days from the date when
it becomes final, the plaintiff may sell the baggage and property, at
public auction to the highest bidder, after giving notice of such
sale by publication of a notice containing the name of the debtor,
the amount due, a brief description of the property to be sold, and
the time and place of such sale, pursuant to Section 6064 of the
Government Code in the county in which said apartment house,
apartment, cottage, or bungalow court is situated, and after by
mailing, at least 15 days prior to the date of sale, a copy of such
notice addressed to such tenant or guest at the residence or other
known address of the tenant or guest, and if not known, such notice
shall be addressed to the tenant or guest at the place where such
apartment house, apartment, cottage, or bungalow court is situated;
and, after satisfying such lien out of the proceeds of such sale,
together with any reasonable costs, that may have been incurred in
enforcing said lien, the residue of said proceeds of sale, if any,
shall, upon demand made within six months after such sale, be paid to
such tenant or guest; and if not demanded within six months from the
date of such sale, said residue, if any, shall be paid into the
treasury of the county in which such sale took place; and if the same
be not claimed by the owner thereof, or the owner's legal
representative within one year thereafter, it shall be paid into the
general fund of the county; and such sale shall be a perpetual bar to
any action against said keeper for the recovery of such baggage or
property, or of the value thereof, or for any damages, growing out of
the failure of such tenant or guest to receive such baggage or
property.
   When the baggage and property are not in the possession of the
keeper as provided herein, such lien shall be enforced only in the
manner provided for enforcement of a money judgment.
   Any property which is exempt from enforcement of a money judgment
is not subject to the lien provided for in this section.

1862.5.  Whenever any personal property has heretofore been found in
or deposited with, or is hereafter found in or deposited with any
licensed hospital and has remained or shall remain unclaimed for a
period of 180 days following the departure of the owner from the
hospital, such hospital may proceed to sell the same at public
auction, and out of the proceeds of such sale may retain the charges
for storage, if any, the reasonable expenses of sale thereof and all
sums due the hospital from the last known owner. No such sale shall
be made until the expiration of four weeks from the time written
notice of such sale is given to the last known owner. Said notice
shall contain a description of each item of personal property to be
sold, the name of the last owner, the name of the hospital and the
time and place of sale and may be sent by regular mail, postage
prepaid, to the last known owner at his last known address. In case
there should be any balance from such sale after the deductions
herein provided for, and such balance shall not be claimed by the
rightful owner or his legal representative within one week of said
sale, the same shall be paid into the treasury of the county wherein
said hospital is located; and if the same be not claimed by the owner
thereof, or his legal representative within one year thereafter, the
same shall be paid into the general fund of said county. Proceedings
in substantial compliance with this section shall exonerate the
hospital from any liability for property so sold. This section shall
not be construed as limiting or in any way amending any other
provision of law limiting the liabilities of any licensed hospital.

1863.  (a) Every keeper of a hotel, inn, boardinghouse or
lodginghouse, shall post in a conspicuous place in the office or
public room, and in every bedroom of said hotel, boardinghouse, inn,
or lodginghouse, a printed copy of this section, and a statement of
rate or range of rates by the day for lodging.
   (b) No charge or sum shall be collected or received for any
greater sum than is specified in subdivision (a). For any violation
of this subdivision, the offender shall forfeit to the injured party
one hundred dollars ($100) or three times the amount of the sum
charged in excess of what he is entitled to, whichever is greater.
There shall be no forfeiture under this subdivision unless notice be
given of the overcharge to such keeper within 30 days after payment
of such charges and such keeper shall fail or refuse to make proper
adjustment of such overcharge.

1864.  Any person or entity, including a person employed by a real
estate broker, who, on behalf of another or others, solicits or
arranges, or accepts reservations or money, or both, for transient
occupancies described in paragraphs (1) and (2) of subdivision (b) of
Section 1940, in a dwelling unit in a common interest development,
as defined in Section 1351, in a dwelling unit in an apartment
building or complex, or in a single-family home, shall do each of the
following:
   (a) Prepare and maintain, in accordance with a written agreement
with the owner, complete and accurate records and books of account,
kept in accordance with generally accepted accounting principles, of
all reservations made and money received and spent with respect to
each dwelling unit. All money received shall be kept in a trust
account maintained for the benefit of owners of the dwelling units.
   (b) Render, monthly, to each owner of the dwelling unit, or to
that owner's designee, an accounting for each month in which there
are any deposits or disbursements on behalf of that owner, however,
in no event shall this accounting be rendered any less frequently
than quarterly.
   (c) Make all records and books of account with respect to a
dwelling unit available, upon reasonable advance notice, for
inspection and copying by the dwelling unit's owner. The records
shall be maintained for a period of at least three years.
   (d) Comply fully with all collection, payment, and recordkeeping
requirements of a transient occupancy tax ordinance, if any,
applicable to the occupancy.
   (e) In no event shall any activities described in this section
subject the person or entity performing those activities in any
manner to Part 1 (commencing with Section 10000) of Division 4 of the
Business and Professions Code. However, a real estate licensee
subject to this section may satisfy the requirements of this section
by compliance with the Real Estate Law.

1865.  (a) For purposes of this section, "hotel" means any hotel,
motel, bed and breakfast inn, or other similar transient lodging
establishment, but it shall not include any residential hotel as
defined in Section 50519 of the Health and Safety Code. "Innkeeper"
means the owner or operator of a hotel, or the duly authorized agent
or employee of the owner or operator.
   (b) For purposes of this section, "guest" means, and is
specifically limited to, an occupant of a hotel whose occupancy is
exempt, pursuant to subdivision (b) of Section 1940, from Chapter 2
(commencing with Section 1940) of Title 5 of Part 4 of Division 3.
   (c) In addition to, and not in derogation of, any other provision
of law, every innkeeper shall have the right to evict a guest in the
manner specified in this subdivision if the guest refuses or
otherwise fails to fully depart the guest room at or before the
innkeeper's posted checkout time on the date agreed to by the guest,
but only if both of the following conditions are met:
   (1) If the guest is provided written notice, at the time that he
or she was received and provided accommodations by the innkeeper,
that the innkeeper needs that guest's room to accommodate an arriving
person with a contractual right thereto, and that if the guest fails
to fully depart at the time agreed to the innkeeper may enter the
guest's guest room, take possession of the guest's property, re-key
the door to the guest room, and make the guest room available to a
new guest. The written notice shall be signed by the guest.
   (2) At the time that the innkeeper actually undertakes to evict
the guest as specified in this subdivision, the innkeeper in fact has
a contractual obligation to provide the guest room to an arriving
person.
   In the above cases, the innkeeper may enter the guest's guest
room, take possession of the guest's property, re-key the door to the
guest room, and make the guest room available to a new guest. The
evicted guest shall be entitled to immediate possession of his or her
property upon request therefor, subject to the rights of the
innkeeper pursuant to Sections 1861 to 1861.28, inclusive.
   (d) As pertains to a minor, the rights of an innkeeper include,
but are not limited to, the following:
   (1) Where a minor unaccompanied by an adult seeks accommodations,
the innkeeper may require a parent or guardian of the minor, or
another responsible adult, to assume, in writing, full liability for
any and all proper charges and other obligations incurred by the
minor for accommodations, food and beverages, and other services
provided by or through the innkeeper, as well as for any and all
injuries or damage caused by the minor to any person or property.
   (2) Where a minor is accompanied by an adult, the innkeeper may
require the adult to agree, in writing, not to leave any minor 12
years of age or younger unattended on the innkeeper's premises at any
time during their stay, and to control the minor's behavior during
their stay so as to preserve the peace and quiet of the innkeeper's
other guests and to prevent any injury to any person and damage to
any property.

1866.  (a) For purposes of this section, the following definitions
apply:
   (1) "Camping cabin" has the same meaning as in Section 18862.5 of
the Health and Safety Code.
   (2) "Campsite" has the same meaning as in Section 18862.9 of the
Health and Safety Code.
   (3) "Guest" is interchangeable with "occupant" and has the same
meaning as used in Chapter 2.6 (commencing with Section 799.20) of
Title 2 of Part 2 of Division 1.
   (4) "Lot" has the same meaning as in Section 18862.23 of the
Health and Safety Code.
   (5) "Motor vehicle" has the same meaning as in Section 415 of the
Vehicle Code.
   (6) "Occupant" is interchangeable with "guest" and has the same
meaning as used in Chapter 2.6 (commencing with Section 799.20) of
Title 2 of Part 2 of Division 1.
   (7) "Park trailer" has the same meaning as in Section 18009.3 of
the Health and Safety Code.
   (8) "Recreational vehicle" has the same meaning as in Section
18010 of the Health and Safety Code.
   (9) "Site" means the campsite, camping cabin, lot, or rental unit.
   (10) "Special occupancy park" has the same meaning as in Section
18862.43 of the Health and Safety Code.
   (11) "Tent" has the same meaning as in Section 18862.49 of the
Health and Safety Code.
   (b) (1) Notwithstanding any other provision of law, the park
management of a special occupancy park shall have the right to evict
a guest if the guest refuses or otherwise fails to fully depart from
the campsite, camping cabin, lot, or other rental unit at the park
management's posted checkout time on the date agreed to by the guest,
but only if the following conditions are met:
   (A) The guest is provided with written notice, at the time that he
or she was provided accommodations by the park management, that the
park management needs that guest's campsite, camping cabin, lot, or
rental unit to accommodate an arriving person with a contractual
right thereto, and that if the guest fails to fully depart at the
time agreed to, the park management may take possession of the guest'
s property left in the site, subject to the limits of paragraph (2),
including any tent, park trailer, or recreational vehicle, and make
the campsite, camping cabin, lot, or rental unit available to new
guests. The written notice shall be signed by the guest.
   (B) (i) At the time that the park management actually undertakes
to evict the guest as specified in this subdivision, the park
management has a contractual obligation to provide the guest's
campsite, camping cabin, lot, or rental unit to an arriving person
and there are no other substantially similar campsites, camping
cabins, lots, or rental units available for the arriving person.
   (ii) Subject to the same requirements described in subparagraph
(i), a guest may be provided with the notice described in
subparagraph (A) subsequent to the time he or she was provided
accommodations by park management, if the notice is provided at least
24 hours prior to the guest's scheduled checkout time. If park
management provides a notice under this subparagraph in bad faith or
with the knowledge that the contractual obligation is not a bona fide
obligation, it shall be liable to the evicted guest for actual
damages, plus a civil penalty of two hundred fifty dollars ($250).
   (C) At the time that the park management actually undertakes to
evict the guest as specified in this subdivision, the park management
offers another campsite, camping cabin, lot, or rental unit to the
guest, if one is available.
   (2) In addition to the requirements of paragraph (1), in order for
management to remove a recreational vehicle or motor vehicle, the
park management shall do all of the following:
   (A) Management shall have an oral, face-to-face communication with
the registered guest after the guest has held over that does all of
the following:
   (i) Alerts the guest that he or she is in violation of the terms
of the reservation because he or she has failed to depart the site at
the agreed-upon time.
   (ii) Reminds the guest that failure to remove a recreational
vehicle, motor vehicle, or any other property from the space within
two hours may result in the park management removing the recreational
vehicle, motor vehicle, or any other property.
   (iii) Discloses that the cost of towing a recreational vehicle or
motor vehicle is substantial and that these costs will be incurred by
the guest.
   (iv) Identifies another location in the park to which the guest
may temporarily move his or her recreational vehicle or motor
vehicle.
   (B) The park management gives the guest two hours after the park
management has communicated with the guest, pursuant to subparagraph
(A), to remove the guest's recreational vehicle, motor vehicle, or
other property from the site.
   (c) Except as provided in subdivision (f), if the conditions
specified in subdivision (b) are met, the park management may take
possession of the guest's property left at the site and have the
guest's recreational vehicle or motor vehicle towed from the special
occupancy park and make the guest's campsite, camping cabin, lot, or
rental unit available to a new guest. Park management may enter a
campsite, camping cabin, park trailer, lot, or rental unit owned by
the park management to take possession of the guest's possessions.
The evicted guest shall be entitled to immediate possession of his or
her property upon request, subject to the enforcement rights of the
park management, which are the same as those accorded to a hotel,
motel, inn, boarding house, or lodging housekeeper, pursuant to
Sections 1861 to 1861.28, inclusive. If a guest's recreational
vehicle or motor vehicle has been towed from the premises, the guest
shall be entitled to immediate possession of his or her vehicle upon
request, subject to the conditions of the towing company.
   (d) When the park management moves or causes the removal of a
guest's recreational vehicle, motor vehicle, or other property, the
management and the individual or entity that removes the recreational
vehicle, motor vehicle, or other property shall exercise reasonable
and ordinary care in removing the recreational vehicle, motor
vehicle, or other property.
   (e) This section does not apply to a manufactured home, as defined
in Section 18007 of the Health and Safety Code, or a mobilehome, as
defined in Section 18008 of the Health and Safety Code.
   (f) In the event that a guest is incapable of removing his or her
recreational vehicle or motor vehicle from the lot because of: (1) a
physical incapacity, (2) the recreational vehicle or motor vehicle is
not motorized and cannot be moved by the guest's vehicle, or (3) the
recreational vehicle or motor vehicle is inoperable due to
mechanical difficulties, the guest shall be provided with 72 hours in
which to remove the vehicle. If the guest has not removed the
vehicle within 72 hours, park management may remove the vehicle
without further notice.
   (g) As pertains to a minor, the rights of guests include, but are
not limited to, the following:
   (1) If a minor who is unaccompanied by an adult seeks
accommodations, the park management may require a parent or guardian
of the minor, or another responsible adult, to assume, in writing,
full liability for any and all proper charges and other obligations
incurred by the minor for accommodations, food and beverages, and
other services provided by or through the park management, as well as
for any and all injuries or damage caused by the minor to any person
or property.
   (2) If a minor is accompanied by an adult, the park management may
require the adult to agree, in writing, not to leave any minor 12
years of age or younger unattended on the park management's premises
at any time during their stay, and to control the minor's behavior
during their stay so as to preserve the peace and quiet of the other
guests and to prevent any injury to any person and damage to any
property.

1867.  (a) The park management of a special occupancy park may
require a guest to move from a space in the special occupancy park to
a different space in the special occupancy park if an imminent
danger is present, as determined by the park management. If possible,
the park management shall offer to return the guest to his or her
original space once the park management has determined that the
imminent danger is removed or resolved.
   (b) For purposes of this section, the following definitions apply:
   (1) "Imminent danger" means a danger that poses an immediate and
likely risk to the health or safety of a guest or guests in the
special occupancy park.
   (2) "Space" means any of the following:
   (A) "Camping cabin," as defined in Section 18862.5 of the Health
and Safety Code.
   (B) "Campsite," as defined in Section 18862.9 of the Health and
Safety Code.
   (C) "Lot," as defined in Section 18862.23 of the Health and Safety
Code, or other rental unit.
   (3) "Special occupancy park" has the same meaning as in Section
18862.43 of the Health and Safety Code.


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