2009 California Civil Code - Section 798.84-798.88 :: Article 8. Actions, Proceedings, And Penalties

CIVIL CODE
SECTION 798.84-798.88

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) 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) 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) 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) 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) This section does not apply to actions for personal injury or
wrongful death.

798.85.  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.

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) 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).

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) 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) 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) The district attorney or the county counsel of the
jurisdiction in which the park, or the greater portion of the park,
is located.
   (2) The city attorney or city prosecutor if the park is located
within the jurisdiction of the city.
   (3) The Attorney General.

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) 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 with the superior court for
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) 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) 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) 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) Nothing shall preclude a party to an action under this section
from appearing through legal counsel or in propria persona.
   (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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