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AB-2845 Mobilehome Residency Law: actions.(2019-2020)

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Date Published: 02/20/2020 09:00 PM
AB2845:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2845

Introduced by Assembly Member Limón

February 20, 2020

An act to amend Section 798.85 of the Civil Code, relating to civil law.


LEGISLATIVE COUNSEL'S DIGEST


AB 2845, as introduced, Limón. Mobilehome Residency Law: actions.
Existing law provides that in any action arising out of the Mobilehome Residency Law, the prevailing party shall be entitled to reasonable attorney’s fees and costs, and defines a prevailing party for these purposes.
This bill would instead provide that a resident who is the prevailing party shall be entitled to reasonable attorney’s fees and costs and, if management is the prevailing party, would require a court to award reasonable attorney’s fees and costs only if the resident’s action or defense is frivolous. The bill would delete the provision defining a prevailing party.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 798.85 of the Civil Code is amended to read:

798.85.
 In any action arising out of the provisions of this chapter chapter, a resident who is 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. If management is the prevailing party, the court shall award reasonable attorney’s fees and costs only if the resident’s action or defense is frivolous.