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KSFG Mobile Home Park DBAs – Breach of Contract

We have studied twelve (12) past and current lawsuits filed against multiple Kort & Scott companies operating mobile home parks in California. We have extracted most of the alleged complaints and breaches, including most of the Civil Codes referenced in the lawsuits. We have found the majority of these Civil Codes repeated in the various lawsuits, they are common complaints by the mobile home owners/residents in KSFG owned mobile home parks.

Breach: An act of breaking or failing to observe a law, agreement, or code of conduct. Synonyms: Violation, Infringement, Infraction, Neglect

Our goal is to build a “Copy Ctrl+C and Paste Ctrl+V” repository of all the Civil Codes that the KSFG DBAs are accused of breaching. You can use this information to your advantage when working with legal counsel and/or other concerned entities. We will continually update this section as new information becomes available.

Defendants: Kort & Scott Financial Group DBAs

Kort & Scott Financial Group

Screenshot of Kort & Scott Financial Group Website Home Page

California Code of Regulations (CCR) – Title 25

  1. Defendants have breached Title 25 of the California Code of Regulations §1102(a) by failing to provide safe operation and maintenance of all common areas, Park-owned electrical, gas, and plumbing equipment and their installations, and all Park-owned permanent buildings or structures within the Park.
  2. Defendants have breached Title 25 of the California Code of Regulations §1108 and §1612 by failing to install and maintain adequate artificial lighting in the Park.
  3. Defendants have breached Title 25 of the California Code of Regulations §1116 by failing to maintain the drainage in the Park with the result that water accumulates in Park areas and underneath mobilehomes, and by allowing accumulation of refuse, garbage, rubbish or debris.
  4. Defendants have breached Title 25 of the California Code of Regulations §1120 by allowing waste, weeds or litter in vacant lots or open spaces and by allowing refuse, garbage, rubbish and debris to accumulated in the park.
  5. Defendants have breached Title 25 of the California Code of Regulations §1146 by allowing the voltage drop from the Park service to homes in the Park to exceed 5%.
  6. Defendants have breached Title 25 of the California Code of Regulations §1170 by failing to provide rain-tight outside electrical equipment.
  7. Defendants have breached Title 25 of the California Code of Regulations §1188 by not providing electrical capacity to properly operate Plaintiffs’ homes and not maintaining the electrical system in safe operating condition.
  8. Defendants have breached Title 25 of the California Code of Regulations §1254 by not capping drain inlets gas tight when not in use.
  9. Defendants have breached Title 25 of the California Code of Regulations §1260 by failing to vent the drain inlet traps in the Park.
  10. Defendants have breached Title 25 of the California Code of Regulations §1270 in that the Park water system delivers odorous and bad water.
  11. Defendants have breached Title 25 of the California Code of Regulations §1274 in that the Park water system delivers odorous and bad water.
  12. Defendants have breached Title 25 of the California Code of Regulations §1276 by failing to maintain the water distribution system in the Park so it provides a minimum of water pressure of fifteen pounds per square inch at each mobilehome lot at maximum operating conditions.
  13. Defendants have breached Title 25 of the California Code of Regulations §1610 by failing to maintain the drainage in the Park with the result that water accumulates in Park areas and underneath mobilehomes, and by allowing accumulation of refuse, garbage, rubbish or debris.
  14. Defendants have breached Title 25 of the California Code of Regulations §1644 by not providing electrical capacity to properly operate plaintiffs’ homes, and not maintaining the electrical system in safe operating condition.
  15. Defendants have breached Title 25 of the California Code of Regulations §1680 by not capping drain inlets gas tight when not in use.
  16. Defendants have breached Title 25 of the California Code of Regulations §1696 by allowing waste, weeds or litter in vacant lots or open spaces.
  17. Defendants have breached Title 25 of the California Code of Regulations §4326(a)(2).
  18. Defendants have breached Title 25 of the California Code of Regulations §5050(b).
  19. Defendants have breached Title 25 of the California Code of Regulations §5597(a).
  20. Defendants have breached Title 25 of the California Code of Regulations §5531.
  21. Defendants have breached Title 25 of the California Code of Regulations §5532.

California Health and Safety Code (HSC)

  1. Defendants have breached California Health and Safety Code §13113.8, §17926, §18029.6, §18031.7, §18025, and §18550, by selling, offering for sale, or transferring homes or permitting occupancy in homes without said homes meeting required habitability and safety requirements (i.e., smoke alarms, carbon monoxide device, water heaters strapping, structural, fire safety, plumbing, heat-producing, or electrical systems, fuel, gas, water, electricity, or sewage connections);
  2. Defendants have breached California Health and Safety Code §18025 by selling, offering for sale, or transferring homes which fail to meet structural, fire safety, plumbing, heat producing, or electrical system code requirements;
  3. Defendants have breached California Health and Safety Code §18035 and 18059.5, by failing to use escrow accounts and to have purchase funds go through escrow agent for every transaction by or through a dealer to sell or lease with the option to buy a new or used manufactured home or mobilehome;
  4. Defendants have breached California Health and Safety Code §18035.3(a) by deviating from its requirements regarding purchase orders, conditional sales contracts or other document evidencing the purchase of a home; and
  5. Defendants have breached California Health and Safety Code §18039 by providing a provision in any agreement that buyers waive any right under §18035 of the Health and Safety Code.
  6. Defendants have breached California Health and Safety Code §18046 by failing to conduct a reasonably competent and diligent visual inspection of the home offered for sale and failing to disclose the any prospective buyer all facts materially affecting the value or desirability of that home that an investigation would reveal;
  7. Defendants have breached California Health and Safety Code §18059 by failing to deliver certificates of title to the homes upon sale to the Plaintiffs.
  8. Defendants have breached California Health and Safety Code §18059, and §18101 and if, and as applicable, violating §18060.5(c) and §18101.5 by failing to promptly provide title to a buyer.
  9. Defendants have breached California Health and Safety Code §18122.5 by failing to deliver certificates of title to the homes upon sale to the Plaintiffs.
  10. Defendants have breached California Health and Safety Code §18554 on numerous occasions by permitting raw sewage from the sewer system and common facilities in the Park to spill and seep to the surface of the Park.
  11. Defendants have breached California Health and Safety Code §18670 by failing to provide wiring and fixtures in the Park adequate to accommodate the normal demand for electricity in the Park.

California Civil Code (CIV)

  1. Defendants have breached California Civil Code §1102.3, §1102.6 and Health and Safety Code §18046 by failing to provide the mandated disclosure statement timely and as soon as practicable before the transfer of title and/or by failing to disclose all that is required on the transfer disclosure statement after a reasonably competent and diligent visual inspection;
  2. Defendants have breached California Civil Code §1770(a)(19) and §1671(d) by collecting unreasonable and unconscionable amounts of money as a nonrefundable deposit, however, the parties to such a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage;

California Mobilehome Residency Law (MRL)

  1. Defendants have violated the provisions of the MRL by their actions and conduct as alleged herein and throughout this Complaint including, but not limited to, California Civil Codes:
    1. §798.17 RENTAL AGREEMENTS EXEMPT FROM RENT CONTROL; RIGHT TO INSPECT
    2. §798.19 NO WAIVER OF CHAPTER 2.5 RIGHTS
    3. §798.25 AMENDMENTS TO RULES AND REGULATIONS – NOTICE
    4. §798.25.5 VOID AND UNENFORCEABLE RULES OR REGULATIONS
    5. §798.26 MANAGEMENT ENTRY INTO MOBILEHOMES
    6. §798.28 DISCLOSURE OF MOBILEHOME PARK OWNER’S NAME
    7. §798.28.5 VEHICLE REMOVAL FROM PARK
    8. §798.30 NOTICE OF RENT INCREASE
    9. §798.31 AUTHORIZED FEES CHARGED
    10. §798.32 FEES CHARGED FOR UNLISTED SERVICES WITHOUT NOTICE
    11. §798.33 PETS
    12. §798.35 MEMBERS OF IMMEDIATE FAMILY - NO FEES
    13. §798.36 ENFORCEMENT OF PARK RULES
    14. §798.37.5 TREES AND DRIVEWAYS
    15. §798.39 SECURITY DEPOSITS
    16. §798.40 UTILITY SERVICE BILLING; RATE SCHEDULE
    17. §798.42 NOTICE OF UTILITY INTERRUPTION
    18. §798.51 RIGHT TO ASSEMBLE, MEET, CANVASS, PETITION & INVITE SPEAKERS
    19. §798.53 MANAGEMENT MEETINGS WITH RESIDENTS
    20. §798.55 LEGISLATIVE INTENT; TERMINATION FOR CAUSE; 60-DAY NOTICE
    21. §798.56 SEVEN AUTHORIZED REASONS FOR TERMINATION OF TENANCY
    22. §798.58 NO TERMINATION TO MAKE SPACE FOR PARK OWNER’S BUYER
    23. §798.61 ABANDONED MOBILEHOMES - PROCEDURES
    24. §798.71 MANAGEMENT SHOWING OR LISTING – PROHIBITIONS
    25. §798.73 REMOVAL OF MOBILEHOME UPON SALE TO THIRD PARTY
    26. §798.73.5 HOME UPGRADES ON RESALE
    27. §798.74 MANAGEMENT APPROVAL OF BUYER; CREDIT RATING REFUND
    28. §798.74.4 MOBILEHOME RESALE DISCLOSURE TO NEW BUYER
    29. §798.74.5 RENT DISCLOSURE TO PROSPECTIVE HOMEOWNERS
    30. §798.77 NO WAIVER OF RIGHTS
    31. §798.81 LISTING OR SALES - PROHIBITIONS
  2. Defendants have engaged and are engaging in unlawful and unfair business practices as alleged throughout this Complaint including, but not limited to, an attempt to actually or constructively evict Plaintiffs by operating the Park with unsafe and defective conditions in violation of the state statutes and Health Department regulations alleged in this Complaint, and by interfering with Plaintiffs’ right to sell their homes in place in violation of Civil Code §798.74, §798.71(b), and/or §798.81 and the other provisions of the MRL.
  3. Plaintiffs have paid excess rent to Defendants for services and conditions that were never provided to them by Defendants. Plaintiffs have paid excess charges for utilities to Defendants because Defendants have improperly read some Plaintiffs’ meters and improperly billed Plaintiffs for utilities in violation of Civil Code §798.40 and failed to use the utility funds collected from Plaintiffs to maintain and repair the utility facilities in violation of the Public Utilities Act, including but not limited to Public Utilities Code §739.5.
  4. Defendants offered rent reductions to prospective park tenants in order to entice them into long term lease agreements that would be exempt from rent control ordinances. This practice violates the Mobilehome Residency Law, Civil Code §798.17(d).
  5. Defendants failed to provide a separate rent disclosure statement as required by Civil Code §798.74.5.
  6. Defendants asserted that the long-term lease agreements were exempt from the local rent control ordinance but those agreements did not comply with the provisions of Civil Code §798.17 and therefore are not exempt from the local rent control ordinance.
  7. Defendants charged and/or increased fees pursuant to the long-term lease agreements in violation of the provisions of the MRL, Civil Code §798.30, et seq.
  8. Defendants’ lease agreement conditions and requirements violated various provisions of the MRL including conditions which expressly or implicitly resulted in waivers of rights in violation of Civil Code §798.19.

Kort & Scott Financial Group
Lawsuits Against KSFG DBAs

1. Knolls Manor
24200 Walnut St, Torrance, CA 90501

  • Filing Date: 2017-12-12
  • Case Number: YC072532
  • Plaintiffs 1-28 vs. Knolls Manor LP, Sierra Corporate Management Inc
  • Status: Plaintiffs Won on 2019-08-14
  • Settlement Amount: $1,250,000
    Knolls Manor and Knolls Lodge, 25 Households

2. Knolls Lodge Mobile Home Park
23701 S Western Ave, Torrance, CA 90501

  • Filing Date: 2017-12-12
  • Case Number: YC072533
  • Plaintiffs 1-12 vs. Knolls Lodge LP, Sierra Corporate Management Inc
  • Status: Plaintiffs Won on 2019-08-14
  • Settlement Amount: $1,250,000
    Knolls Manor and Knolls Lodge, 25 Households

3. Reseda Mobile Homes
6545 Wilbur Ave, Reseda, CA 91335

  • Filing Date: 2017-02-16
  • Case Number: LC105272
  • Plaintiffs 1-95 vs. Reseda MHP Associates LP (Reseda 2), Sierra Corporate Management, Reseda Mobile Associates LP (Reseda 1) (a Daniel C. Fischer Company), DOES 1 through 50
  • Status Reseda 1: Good Faith Settlement on 2020-01-03
  • Settlement Amount: $400,000
  • Status Reseda 2: Request for Dismissal with Prejudice Filed on 2023-05-08
    MHPHOA Note: Awaiting Settlement Information

4. Royal Oak MHC
500 Artis Ln, Davis, CA 95618

  • Filing Date: 2016-03-25
  • Case Number: CV16-500
  • The People of the State of California (Plaintiffs) vs. Davis Group LP, Sierra Corporate Management Inc, Western Ventures LP, Abraham Arrigotti
  • Status: Plaintiffs Won Injunction on 2016-08-02

5. Friendly Village Mobile Home Park
5450 N Paramount Blvd, Long Beach, CA 90805

  • Filing Date: 2015-08-13
  • Case Number: BC591412
  • Plaintiffs 1-235 vs. Friendly Village GP LLC, Friendly Village MHP Associates LP, Sierra Corporate Management Inc, Kort & Scott Financial Group LLC
  • Status: Plaintiffs Won on 2019-11-18
  • Settlement Amount: $57,000,000+

6. Emerald Meadows Mobile Home Park
3700 Antelope Rd, Antelope, CA 95843

  • Filing Date: 2015-04-01
  • Case Number: 34-2015-00177316
  • Plaintiffs 1-XX vs. Larchmont Associates LLC, Larchmont Associates LP, Sierra Corporate Management Inc
  • Status: Request for Dismissal with Prejudice Filed on 2017-04-24. Civil Trial Assignment Vacated on 2017-08-22

7. Bayshore Villa Mobile Home Park
3499 E Bayshore Rd, Redwood City, CA 94063

  • Filing Date: 2014-05-29
  • Case Number: CIV528792
  • Plaintiffs 1-XX vs. Sierra Corporate Management, Inc., Trailer Rancho Associates, L.P.
  • Status: Judgment and Order on 2020-03-05
  • Settlement Amount: $225,000+

8. Royal Western Mobile Home Park
17705 S Western Ave, Torrance, CA 90248

  • Filing Date: 2012-01-13
  • Case Number: YC066308
  • Plaintiffs 1-XX vs. Royal Western, L.P.
  • Status: Plaintiffs Won on 2014-08-28
  • Settlement Amount: $1,700,000+

9. Hollydale Mobile Home Park
5700 Carbon Canyon Rd, Brea, CA 92823

  • Filing Date: 2009-08-26
  • Case Number: 30-2009-00125333
  • Plaintiffs 1-XX vs. Hollydale Uppertier/Operating LP
  • Status: Plaintiffs Won on 2010-10-22
  • Settlement Amount: Unknown

10. Greenfield Mobile Home Estates
400 Greenfield Dr, El Cajon, CA 92021

  • Filing Date: 2009-03-13
  • Case Number: GIC871748
  • Plaintiffs 1-XX vs. Greenfield Mobile Home Estates
  • Status: Defendants Won on 2010-03-02
  • Settlement Amount: $370,000+

11. Emerald Meadows Mobile Home Park
3700 Antelope Rd, Antelope, CA 95843

  • Filing Date: 2006-09-22
  • Case Number: 06AS04103
  • Plaintiffs 1-XX vs. Larchmont Associates LP
  • Status: Plaintiffs Won on 2008-06-05
  • Settlement Amount: $3,800,000+

12. Royal Western Mobile Home Park
17705 S Western Ave, Torrance, CA 90248

  • Filing Date: 2004-05-28
  • Case Number: BC316282
  • Plaintiffs 1-XX vs. Royal Western, L.L.C.
  • Status: Plaintiffs Won on 2006-12-12
  • Settlement Amount: $1,300,000+

California Business and Professions Code §17200

  1. Defendants have engaged and are engaging in unlawful, fraudulent and/or unfair business acts or practices that violate Business and Professions Code §17200 by placing unlawful or unenforceable terms in the rental agreements, by taking advantage of a vulnerable group of customers, by inserting overreaching and/or unconscionable clauses in their rental agreements, by operating the Park with unsafe and defective conditions in violation of the specific state statutes, health and safety regulations and other housing laws alleged in this Complaint, by selling mobilehomes in the Park to Plaintiffs without having title to the homes, by interfering with Plaintiffs’ right to sell their homes in place in violation of the MRL, by charging excessive rent for the Park leaseholds which are not worth the amount charged, and by engaging in a scheme to mislead Plaintiffs as consumers into believing through written promises in their rental agreements that Defendants would provide and maintain the Park improvements in good working order and condition at a level that would be worth the amount they paid to Defendants.

  2. The actions and conduct of Defendants are unfair under Business and Professions Code §17200 because (i) the consumer injury to Plaintiffs is substantial, the injury is not outweighed by any countervailing benefits to consumers or competition, and the injury is not one Plaintiffs could have reasonably avoided or (ii) Defendants’ conduct threatens an incipient violation of the MRL and/or Mobilehome Parks Act, or violates the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law; the harm to the victims, i.e., the Plaintiffs, outweighs its benefits to Defendants; and the unfairness alleged herein under §17200 is tethered to a legislatively declared policy as follows: the public policy that is violated by Defendants’ conduct and actions is found in Civil Code §798.5, which provides for unique protection of mobilehome owners from actual or constructive eviction, and in Health and Safety Code §18250, which provides:

    Because of the relatively permanent nature of residence in such parks and the substantial investment which a manufactured home or mobilehome represents, residents of mobilehome parks are entitled to live in conditions which assure their health, safety, general welfare, and a decent living environment, and which protect the investment of their manufactured homes and mobilehomes.

  3. The Senior Citizen Plaintiffs are entitled to treble damages under California Civil Code §3345 because this action is brought on their behalf to redress unfair or deceptive acts and/or practices, as alleged herein, and 1) Defendants knew or should have known that their conduct was directed to senior citizens; and/or 2) Defendants’ conduct caused the Senior Citizen Plaintiffs’ a substantial loss of assets essential to their health or welfare; and/or 3) Senior Citizen Plaintiffs are substantially more vulnerable than other members of the public to Defendants’ conduct because of age, poor health or infirmity, impaired understanding and/or restricted mobility and actually suffered physical, emotional or economic damages resulting from Defendants’ conduct.

Unlawful Detainer Lawsuits
KSFG DBAs vs Mobile Home Owners/Occupants

These mobile home owners lost their homes (evicted) in an Unlawful Detainer Lawsuit filed by a KSFG named business entity. Mobile home parks are managed by Sierra Corporate Management.

Sampling of 478 Eviction Lawsuits
Chronological Order from 2000 through 2018

THE KORT & SCOTT EVICTION ATTORNEY NETWORK

Evictimized by KSFG DBAs

Repeated HSC Violations Issued by HCD

  1. Defendants have breached California Health and Safety Code §18002.6.
  2. Defendants have breached California Health and Safety Code §18021.5.
  3. Defendants have breached California Health and Safety Code §18021.5(c).
  4. Defendants have breached California Health and Safety Code §18021.7(c).
  5. Defendants have breached California Health and Safety Code §18024.
  6. Defendants have breached California Health and Safety Code §18024(a).
  7. Defendants have breached California Health and Safety Code §18025.
  8. Defendants have breached California Health and Safety Code §18025(a).
  9. Defendants have breached California Health and Safety Code §18029.6.
  10. Defendants have breached California Health and Safety Code §18031.7.
  11. Defendants have breached California Health and Safety Code §18031.7(f).
  12. Defendants have breached California Health and Safety Code §18035.
  13. Defendants have breached California Health and Safety Code §18035.3(a).
  14. Defendants have breached California Health and Safety Code §18039.
  15. Defendants have breached California Health and Safety Code §18045.
  16. Defendants have breached California Health and Safety Code §18046.
  17. Defendants have breached California Health and Safety Code §18059.
  18. Defendants have breached California Health and Safety Code §18059.5.
  19. Defendants have breached California Health and Safety Code §18060.5(c).
  20. Defendants have breached California Health and Safety Code §18061(a).
  21. Defendants have breached California Health and Safety Code §18061.5(j).
  22. Defendants have breached California Health and Safety Code §18062.2(d).
  23. Defendants have breached California Health and Safety Code §18100.5(a).
  24. Defendants have breached California Health and Safety Code §18101.
  25. Defendants have breached California Health and Safety Code §18101.5.
  26. Defendants have breached California Health and Safety Code §18122.5.
  27. Defendants have breached California Health and Safety Code §18550.
  28. Defendants have breached California Health and Safety Code §18550(a).
  29. Defendants have breached California Health and Safety Code §18550(c).
  30. Defendants have breached California Health and Safety Code §18550(d).
  31. Defendants have breached California Health and Safety Code §18554.
  32. Defendants have breached California Health and Safety Code §18670.
  33. Defendants have breached California Health and Safety Code §18700.

Unlicensed Activity Complaints

HCD Complaint Investigative Reports

Civil Complaint Types

  1. Breach of Contract
  2. Breach of Statutes
  3. Breach of the Covenant of Good Faith and Fair Dealing
  4. Breach of the Covenant of Quiet Enjoyment
  5. Breach of the Implied Covenant of Good Faith and Fair Dealing
  6. Breach of Translation Act
  7. Breach of Unfair Competition Law
  8. Breach of Warranty of Habitability
  9. Continuing Trespass
  10. Conversion
  11. Failure to Maintain Mobilehome Park
  12. Financial Elder Abuse
  13. Fraud
  14. Intentional Infliction of Emotional Distress
  15. Intentional Interference with Property Rights
  16. Inverse Condemnation
  17. Negligence
  18. Negligence Per Se
  19. Negligent Infliction of Emotional Distress
  20. Nuisance
  21. Prima Facie Tort of Willful Conduct
  22. Private Nuisance
  23. Public Nuisance
  24. Rescission, Declaratory and Injunctive Relief
  25. Retaliatory Eviction
  26. Unfair Business Practices
  27. Unfair Competition
  28. Unjust Enrichment
  29. Violation of Mobilehome Residency Law

Health and Safety Code §18250

CALIFORNIA HEALTH AND SAFETY CODE §18250