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AB-2500 Mobilehome parks: actions.(2001-2002)



Current Version: 08/15/02 - Enrolled

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AB2500:v96#DOCUMENT

Passed  IN  Senate  August 12, 2002
Passed  IN  Assembly  August 15, 2002

CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Assembly Bill
No. 2500

Introduced  by  Assembly Member Corbett

February 21, 2002

An act to amend Section 798.86 of, and to add Section 798.89 to, the Civil Code, relating to mobilehome parks.


LEGISLATIVE COUNSEL'S DIGEST


AB 2500, Corbett. Mobilehome parks: actions.
Existing law, the Mobilehome Residency Law, regulates the terms and conditions of mobilehome park tenancies. The Mobilehome Residency Law requires that in an action to enforce its provisions, the prevailing party shall be entitled to reasonable attorney’s fees and costs and, if a homeowner or former homeowner of a park is the prevailing party, as specified, the homeowner, in addition to damages afforded by law, may be awarded an amount not to exceed $2,000 for each willful violation by park management.
This bill would provide that a prevailing homeowner or former homeowner may be awarded either punitive damages or the statutory penalty described above. This bill would also require that, except pursuant to specified provisions, any action arising out of the Mobilehome Residency Law shall be subject to a change of venue only to remove the action to the county where the mobilehome park is located.

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


SECTION 1.

 Section 798.86 of the Civil Code is amended to read:

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).

SEC. 2.

 Section 798.89 is added to the Civil Code, to read:

798.89.
 Except upon a motion pursuant to Section 397 of the Code of Civil Procedure, an action arising out of the provisions of this chapter shall be subject to a change of venue only to remove the action to the county where the mobilehome park is located.