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California MRL Civil Code §798.84

  1. MRL
  2. Mobilehome Residency Law
  3. §798

Article 8 – Actions, Proceedings, and Penalties
§798.84 – Notice of Lawsuit for Failure to Maintain

  1. 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.
  2. 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.
  3. 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. Code of Civil Procedure – Section 1010
  4. 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.
  5. 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.
  6. This section does not apply to actions for personal injury or wrongful death.

(Added by stats. 1988, Chap. 1592 (AB 4012, Costa), eff. 1/1/1989)

§798.85 – Attorney’s Fees and Costs

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)

§798.86 – Management Penalty for Willful Violation

  1. 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.
  2. 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).

(Amended by Stats. 2003, Chap. 98 (AB 693, Corbett), eff. 1/1/2004)

§798.87 – Public Nuisance and Abatement

  1. 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, such a nuisance may only be remedied by a civil action or abatement.
  2. 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.
  3. 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.

(Amended by Stats. 2002, Chap. 141 (AB 2382, Corbett), eff. 1/1/2003)

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

§798.84 Examples
Notice of Lawsuit for Failure to Maintain

§798.84 - Friendly Village Mobile Home Park
§798.84 - Emerald Meadows Mobile Home Park

[Mobile Home Park Name]
Notice of Intent to Commence Action

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]
[Street Address]
[City, State, Zip]
[Telephone]

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:

  1. The Park’s sewer system spills sewage needlessly endangering the safety of the public and residents. The smell of sewage goes inside residents’ homes and can be smelled in the Park, including the laundry area. The poor maintenance of the sewage system has also caused sewage to backup inside residents’ homes and onto their spaces.
  2. The Park’s water system provides contaminated, discolored, odorous, and bad tasting water, water needlessly endangering the safety of the public and residents. The water pressure is low and management has failed to provide residents with advanced notice of shutoffs of water service. Residents have been overcharged for water.
  3. The Park’s electrical system provides inadequate power needlessly endangering the safety of the public and residents. Residents have experienced power outages and brownouts that have affected multiple homes in the Park simultaneously. Residents have also experienced problems with power surges and flickering and dimming lights in their homes. Residents are unable to run multiple appliances at one time, because the Park provides insufficient electrical power to adequately supply needs of homeowners. Residents have noticed exposed or inadequately covered electrical wires in the Park. Problems associated with the Park’s electrical system have damaged residents’ home appliances and home electronics. Residents have had to spend money to replace food that had spoiled as a result of extended power outages. Residents are being overcharged for electricity. The electrical meters are not properly maintained and do not work properly.
  4. The Park’s drainage system fails to safely remove water from residents’ lots needlessly endangering the public and Park residents. The Park’s street drains do not drain properly and are not maintained. Improper drainage has caused the ponding of water in front of, around or under homes, as well as in streets, common areas, in driveways and on spaces. These drainage problems usually occur after rainfall or when sprinklers are used. Some homes have sustained damage, as the improper drainage has caused homes to become unleveled and sink. There are sinking areas on residents’ spaces.
  5. The Park’s gas lines are not properly supported.
  6. The Park’s failure to safely manage and maintain the common areas has needlessly endangered the public and residents.
    1. Streets/Driveways: Streets and driveways have potholes, cracks, and depressions. The Park does not maintain the driveways.
    2. Swimming Pool and Pool Shower: The pool is poorly maintained. The water in the pool has been green and yellow. The pool is no longer heated. The lights in the pool fall out. The caulking and grout around the steps are deteriorating. The handrail is loose. There is no drain for the pool shower.
    3. Jacuzzi: The Jacuzzi is not maintained, the water is cold and the thermometer is not working. The Jacuzzi has been closed and not available for residents’ use. The water smells, is cloudy, and has been green. The lights are hanging out. The heater is usually not working.
    4. Poor Lighting in Common Areas: The lighting in the Park is inadequate. There are areas without any lighting. The lighting is either not working, inadequate, and is out for long periods of time.
    5. Clubhouses: The clubhouse is poorly maintained. It is not available for residents’ use. The clubhouse is used by vagrants and the homeless because it is left open all night. Park took out the TV. The pool table is locked and there are no sticks or balls. The tiles on the floor are cracked and broken. The furniture is broken. The clubhouse near the playground was turned into office space.
    6. Barbeque Area: The barbeque area is not available for residents use without a large deposit.
    7. Laundry Room: The laundry room is not maintained and doesn’t have enough machines and the machines do not work. It is locked and unavailable for residents’ use.
    8. Landscaping: Trees and landscaping are not properly maintained and trimmed. There are a lot of dead trees in the Park. Tree branches and tree roots have damaged residents’ homes, driveways, and/or personal property, and creating a potential for personal injury and a fire hazard.
    9. Playground: The playground is not maintained and contains dangerous and broken equipment. Broken glass, syringes, feces and liquor bottles have been found in the gazebo area.
    10. Basketball Court and Shuffleboard Area: The basketball and shuffleboard areas are not maintained. They are not available for residents’ use. There is no shuffleboard equipment available.
    11. Park Restrooms: The Park restrooms were always closed up until recently. They are dirty and not maintained. They are not stocked with toilet paper or paper towels. Homeless people use the restrooms.
    12. Trash Area: There are an inadequate number of trash containers, resulting in frequent overflows and scattered debris. Residents can smell the trash area from their homes. The area is an eyesore.
    13. Rodents: There is a rat and gopher problem in the Park which has damaged residents’ property.
    14. Fences/Retaining Walls: The perimeter fence and retaining walls are in disrepair and not maintained. There are holes in the fences. Retaining walls are falling apart.
    15. Hillsides and Slopes: Hillsides and slopes are not maintained and are eroding and caving in. When it rains there are mudslides.
    16. Carwash: The Park closed the carwash. It took away the hose and the spigot.
    17. Storage Area: The storage area is not maintained. The RV lot is used as a construction yard.
    18. Park Management has failed to properly maintain vacant homes, which are often left in the Park for long periods of time in poor condition and are eyesores.
    19. The overall poor maintenance of the Park, Park areas, vacant lots, utilities, and landscaping, results in a rundown appearance and affects home sales.
    20. Lack of security and lighting has resulted in vandalism, graffiti, criminal and drug activity, and theft of personal property.
  7. The Park’s failure to properly supervise and manage its employees has needlessly endangered the safety of the public and residents. Management regularly refuses to respond to complaints made by residents, is rude, and harasses residents. Management comes onto residents’ spaces without advance notice and selectively enforces Park rules or does not enforce them at all.
    1. The lack of proper management has resulted in overcharges or improper billings for utilities.
    2. Repairs by Park owner or agents are done poorly or incorrectly. Repairs in Park are done by unlicensed contractors on a regular basis. Management refuses to make repairs or there are lengthy delays in making repairs.

We intend to seek all available legal remedies, including:

  1. General damages for all of the foregoing.
  2. Special damages according to proof, including but not limited to damages for emotional distress and physical injury, including headaches, physical harm, stomach disorders, skin disorders, medical expenses, and other physical problems.
  3. Prejudgment interest on the amount of any damages.
  4. Loss of use and enjoyment; damage to quiet enjoyment.
  5. Overpayment of rent.
  6. Property and home damage.
  7. Statutory penalties.
  8. Declaration of residents’ and managements’ rights and obligations.
  9. Treble and punitive damages.
  10. Attorneys’ fees and costs.
  11. Injunctions to enjoin owner’s, management’s and its agents’ conduct, abate nuisances and enjoin unfair and unlawful business practices.
  12. Disgorgement of profits and restitution of losses.
  13. Such other and further relief or remedy as a court may deem just and proper, or is allowed under any California or federal law.

Appeals Court Reverses $58,389,000 Judgment Against Tatum & Kaplan
Mobile Home Owners May Owe Millions in Attorney Fees and Costs

Mon, Mar 11, 2019 – On Thu, Feb 28, 2019, the Court of Appeal, Fourth Appellate District, Division One, State of California, reversed the lower court’s decision from Wed, Jul 6, 2016 awarding 10 households of the Terrace View Mobile Home Park $58,389,000 in compensatory and punitive damages against the park owners, Tom Tatum and Jeff Kaplan.

Disposition Type: Final – The portions of the judgment awarding plaintiffs compensatory and punitive damages are reversed. The portion of the judgment ruling that the catch-up provision in defendants’ leases violates Business and Professions Code section 17200 and ordering injunctive relief regarding the catch-up provision is reversed. The June 9, 2017 and July 24, 2017 orders awarding attorney fees and costs to plaintiffs and the portion of the judgment reflecting the June 9 order are reversed. The portions of the judgment ruling that "the lease provisions concerning the right of first refusal, release, and the arbitration provision violate the [MRL]" and that "paragraphs 56.1, 56.2 and 34 of the lease and paragraphs 5.1 and 9.1 of the lease amendment are unlawful" are affirmed. The February 21, 2017 order awarding punitive damages to plaintiffs is reversed. Defendants’ appeal from the June 9, 2017 order awarding attorney fees and costs and the July 24, 2017 order correcting the award of attorney fees, and plaintiffs’ appeal from the February 12, 2017 order reducing the jury’s award of punitive damages are dismissed as moot. Defendants are awarded their costs on appeal.
Unpublished Opinion: Bevis v. Terrace View Partners LP

Attorney Fees and Costs

  • Attorney Fees: $2,385,773.70
  • Costs: $56,417.72
  • Total: $2,442,191.42

Terrace View MH Estates
13162 Hwy 8 Business, El Cajon, CA 92021

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/

  • Class Action Lawsuit Filed by Residents
  • Filing Date: 2013-07-12
  • Case Title: Aranda vs. Terrace View Partners LP
  • Park Owners: Tom Tatum, Jeff Kaplan
  • San Diego Superior Court Case Number: 37-2013-00057526-CU-PO-CTL
  • Status: Plaintiffs Won on 2016-07-06
  • Damages Awarded: $58,389,000

Complaint Summary

  1. Nuisance
  2. Breach of Contract
  3. Illegal Change of Use
  4. Negligence
  5. Intentional Interference with Property Rights
  6. Breach of Covenant of Good Faith and Fair Dealing
  7. Breach of Statutes
  8. Breach of Unfair Competition Law
  9. Breach of Warranty of Habitability
  10. Breach of Covenant of Quiet Enjoyment
  12. For Rescission and Declaratory and Injunctive Relief

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.