(Added by stats. 1988, Chap. 1592 (AB 4012, Costa), eff. 1/1/1989)
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.
(Amended by Stats. 1983, Chap. 519 (AB 1052, Bader), eff. 1/1/1984)
(Amended by Stats. 2003, Chap. 98 (AB 693, Corbett), eff. 1/1/2004)
(Amended by Stats. 2002, Chap. 141 (AB 2382, Corbett), eff. 1/1/2003)
Dear [Park Owner Name]:
I write to you on my own behalf and on the behalf of other current and former homeowners and residents of the [Mobile Home Park Name] (“Park”) located at [Street Address, City, State, Zip]. We have retained the law firm of [Law Firm Name] to represent us regarding the maintenance of the mobile home park. Please direct any questions you may have about this letter to our attorneys, who can be reached at the address and telephone number below:
[Law Firm Name]
[City, State, Zip]
California Civil Code Section 798.84 requires that at least thirty (30) days before taking legal action against you, at least one homeowner, on behalf of the residents, must send this notice. This notice lists the problems I, or other homeowners and residents, have had in the Park and the remedies we seek. Some Park owners’ attorneys’ have argued that if a problem or remedy is not mentioned in the notice, then it cannot later be redressed in a lawsuit. For that reason, I will list every problem that at least one homeowner/resident has suffered in the last [Number] years, and list the potential legal remedies we may have. Park maintenance and management problems including, but not limited to, the following:
We intend to seek all available legal remedies, including:
On Wednesday, July 6, 2016, a San Diego civil jury awarded 10 households of the Terrace View Mobile Home Park $58,389,000 in compensatory and punitive damages against the Park owners, Tom Tatum & Jeff Kaplan.
The case involved charging unreasonable rents and other illegal practices causing residents to lose their homes.
At the time of trial, 100 of the 200 spaces at the Terrace View Mobile Home Park were empty or abandoned due to the park owners' practices.
This is the first phase of 49 homes that are part of the lawsuit. The case was tried by James Allen and Jessica Taylor of San Diego based firm Allen, Semelsberger & Kaelin.
ASK Law Group
Allen Semelsberger & Kaelin, LLP
San Diego Mobile Home Lawyers
600 B Street, Suite 2400, San Diego, California 92101
619-544-0123, 800-895-5053, https://www.ASKLawGroup.com/
Eleventh Cause of Action for Elder Financial Abuse by all Senior Citizen Plaintiffs
120. Defendants took, appropriated, obtained and/or retained or assisted in taking, appropriating, obtaining and/or retaining Senior Citizens' mobilehomes by refusing to approve prospective purchasers of Plaintiffs' mobilehomes, and by raising rents to unreasonably high levels. As a result Senior Citizen Plaintiffs were harmed and have been deprived of their right to sell their homes in the Park and have had to either walk away from their home or to sell them to Defendants for almost nothing.
121. Defendants' actions and/or conduct alleged herein was done for a wrongful use, with intent to defraud and/or by undue influence by preventing Plaintiffs from selling their mobilehomes in place in the Park, or keeping them there at reasonable rent levels.
122. Defendants knew or should have known that their actions and/or conduct were likely to be harmful to Plaintiffs and would prevent Plaintiffs from being able to sell their mobilehomes in place in the Park and would result in Defendants taking the financial investments Plaintiffs have in their mobilehomes in violation of Elder Abuse and Dependent Adult Civil Protection Act. Defendants' actions and/or conduct was a substantial factor in causing Plaintiffs' harm. Plaintiffs seek all damages allowed under the Elder Abuse and Dependent Adult Civil Protection Act and all other remedies otherwise provided by law (including, but not limited to, rescission) to compensate them for the harm proximately caused by Defendants.
123. Defendants were aware of Plaintiffs' right to sell their homes in place and the effect raising rents to unreasonably high levels would have on Plaintiffs' ability to sell their mobilehomes. Defendants deliberately interfered with the sale of Plaintiffs' homes by the actions alleged herein. Defendants subjected them to cruel and unjust hardship in conscious disregard of Plaintiffs' rights. Defendants consciously inflicted economic and personal hardship upon Plaintiffs by interfering with the sale of their mobilehomes which was despicable and Defendants' conduct constitutes oppression, fraud, and/or malice. Defendants' conduct warrants an award of punitive damages.