California MHP News

Thu, Sep 29, 2016 – On Monday, March 19, 2015, Chair D. Ewing of the East Davis County Fire Protection District (EDCFPC) announced that a task force of nine (9) was being formed to investigate the questionable business practices of Sierra Corporate Management.

One year later, on Friday, March 25, 2016, The People of the State of California (Plaintiff) filed a Complaint for Injunction, Civil Penalties, and Other Equitable Relief against Davis Group LP, Sierra Corporate Management Inc, Western Ventures LP, Abraham Arrigotti and DOES 1 through 20 inclusive.

On Tuesday, August 2, 2016, The People of the State of California won a Final Judgment and obtained an Injunction against Davis Group LP and Western Ventures LP.

Mon, Sep 26, 2016 – A Walk Down Memory Lane…

WHEREAS, In 1972, 40,000 California families bought mobilehomes, and approximately 8,000 of them later had to seek a remedy for their consumer grievances; and…

As only a 60 percent occupancy rate is needed in most parks to meet operational expenses, a mobilehome park owner has great leeway in the management of his park. The heavy cost of moving most mobilehomes is another factor placing all the controls in the landlord’s hands. Most moves cost between $300 and $800, depending on the distance involved and the size of the mobilehome. Chances of mobilehome damage are high during dismantling, transit and setting-up on the new site. As the purchaser of a mobilehome is the owner of his own housing unit, it is difficult for him to perceive he is also a renter – a tenant with only tenants’ rights.

789.4 The Legislature finds and declares that, because of the high cost of moving mobilehomes, the potential for damage resulting therefrom, the requirements relating to the installation of mobilehomes, and the cost of landscaping or lot preparation, it is necessary that the owners of mobilehomes required to be moved under permit upon the highways occupied within mobilehome parks be provided with the unique protection from actual or constructive eviction afforded by Sections 789.5 to 789.11, inclusive.

Thu, Sep 22, 2016 – Upcoming Free Public Events for 2016

Saturday, October 29, 2016 from 10:00 AM to Noon

• Event: Senator Connie M. Leyva’s Mobilehome Conference
• Location: San Bernardino, California

Wed, Sep 21, 2016 – Governor Signs GSMOL Co-Sponsored Bill Granting Tax Relief to Mobilehome Owners – Today, Governor Brown signed AB 587, authored by Assemblymember Ed Chau (D-Monterey Park), which creates a tax abatement program for mobile-home owners who cannot transfer title of ownership into their names, due to tax delinquencies incurred by prior owners.

Assembly Bill No. 587, Chapter 396 – An act to amend Section 798.15 of the Civil Code, to amend Sections 18092.7, 18116.1, and 18550 of, and to add Section 18550.1 to, the Health and Safety Code, and to amend Section 5832 of the Revenue and Taxation Code, relating to mobilehomes.

Wed, Sep 21, 2016 – On Friday, September 9, 2016 a change occurred in the DNS for the company domain name SierraCorporateManagement.com and the website was taken offline. Google has deindexed all but a couple of pages which should be gone before the close of September. We have no further information to report at this time.

Domain Name Registrant Information

• Domain Name: SierraCorporateManagement.com
• Registrant Name: Pinel, Richard
• Registrant Organization: Sierra Corporate Management
• Registrant Street: 320 North Park Vista Street
• Registrant City: Anaheim
• Registrant State: California
• Registrant Postal Code: 92806
• Registrant Country: United States
• Registrant Phone: 1-714-575-5130
• Registration Creation Date: 2009-05-19
• Registration Expiration Date: 2017-05-19

Screenshot of Website

Sun, Sep 18, 2016 – On Friday, September 16, 2016 from 1:00 PM to 4:00 PM the MHPHOA watched the Live Stream of the Senate Hearing on “Improving Safety and Reducing Crime in Mobilehome Parks through Education and Licensure of Property Managers”. We wish to thank Senator Connie M. Leyva and staff for holding this hearing and we are especially grateful that this event was broadcast via live stream on YouTube.

Senate Hearing – Education and Licensure of Property Managers

The MHPHOA’s position on this issue is that before you focus on Licensure of Property Managers, you first need to address the fact that a growing percentage of California mobile home parks are without property managers. This is mostly due to a loophole in the California Health and Safety Code §18603(a) that allows owners of mobile home parks with more than fifty (50) spaces to elect a resident as the management "designee" instead of having a qualified manager on the premises.

Fri, Sep 16, 2016 – Upcoming Free Public Events for 2016

Friday, September 16, 2016 from 1:00 PM to 4:00 PM
Please Note Time Change from 3:00 PM to 4:00 PM

• Event: Senate Hearing on “Improving Safety and Reducing Crime in Mobilehome Parks through Education and Licensure of Property Managers”
• Location: County of San Bernardino Center, Covington Chambers
  385 North Arrowhead Avenue, San Bernardino, California 92415

CANCELLED Saturday, September 17, 2016 from 10:00 AM to Noon

• Event: Senator Richard D. Roth's Mobilehome Conference
• Location: Patriot High School
  4355 Camino Real, Jurupa Valley, California 92509

Saturday, October 29, 2016 from 10:00 AM to Noon

• Event: Senator Connie M. Leyva's Mobilehome Conference
• Location: San Bernardino, California

Fri, Sep 16, 2016 – DO NOT SIGN a Kort & Scott Financial Group (KSFG) dba Sierra Corporate Management (SCM) Lease Agreement until you have sought professional and/or legal advice. The MHPHOA believe the long-term lease agreements being offered by Kort & Scott Financial Group (KSFG) dba Sierra Corporate Management (SCM) are Unconscionable Contracts aka Unlawful Contracts. These leases are overly harsh, unduly oppressive, unreasonably favorable and so one-sided as to shock the public conscience.

The MHPHOA have not been able to locate an example of a Residential Lease Agreement that compares to the KSFG/SCM Mobile Home Park Lease Agreement. In fact, all of our research regarding the KSFG/SCM leases leads to commercial grade contracts referred to as NN (Double Net) or NNN (Triple Net) Leases. The NNN lease, often just called the “Triple Net Lease” is a popular lease structure in commercial real estate.

§798.19 No Waiver of Chapter 2.5 Rights

No rental agreement for a mobilehome shall contain a provision by which the homeowner waives his or her rights under the provisions of Articles 1 to 8, inclusive, of this chapter. Any such waiver shall be deemed contrary to public policy and void.
2016 California MRL

Thu, Sep 15, 2016 – From the 2016 California Mobilehome Residency Law Frequently Asked Questions: Rents, Fees and Taxes, 6. Security Deposit

Resident Question: Can the park charge first and last months’ rent plus a 2-month security deposit?

MRL Answer: Normally, when a mobilehome owner is accepted for residency in a mobilehome park and signs a rental agreement, charging first month’s rent and a 2-month security deposit are permitted. (Civil Code §798.39) After one full year of satisfactory residency (meaning all rent and fees have been paid during that time), the resident is entitled to request a refund of the 2-month security deposit, or may request a refund at the time he or she vacates the park and sells the home. (Civil Code §798.39(b))
2016 California MRL FAQs

Submit your request for a security deposit refund in writing to Sierra Corporate Management today! The MRL specifically states that SCM must refund your deposit after one full year of satisfactory residency. Do not wait until you vacate the park and/or sell your mobile home.

Tue, Sep 13, 2016 – Letter to the Editor of the Los Angeles Times: Editor: The news about multimillion dollar mobile homes at the beach and “trailer trash” elsewhere certainly stimulates public interest. Not as striking, but a couple of interesting facts about mobile homes may be of interest to your readership. The following item highlights a threat to affordable housing in California that needs to be aired.

Mon, Sep 12, 2016 – The MHPHOA maintain a digital copy of the 2016 MRL. We are currently in the process of marking up an "Amended" version based on feedback from residents in mobile home parks throughout California.

This Amended 2016 MRL in HTML is an experimental version in development and IS NOT to be used as a legal reference. This is a Living HTML Document that is maintained by past and present mobile home owners which contains proposed Amendments (highlighted in green) to California Civil Code Section 798 otherwise known as the California Mobilehome Residency Law or MRL. We've provided external links which open a new browser tab to Assembly Bill (AB) and Senate Bill (SB) references for session years 1999-2016.

The MHPHOA invite ALL interested parties who wish to be involved in the proposed MRL Amendments to please contact us with your suggestions. Provide us with as much detail as possible regarding the MRL Civil Code(s) you would like to see amended or repealed. The MHPHOA will be submitting each suggestion to Senator Connie M. Leyva via official channels on or before Friday, September 30, 2016.

Thu, Sep 8, 2016 – California MRL: With respect to trees on rental spaces in a mobilehome park, park management shall be solely responsible for the trimming, pruning, or removal of any tree, and the costs thereof, upon written notice by a homeowner or a determination by park management that the tree poses a specific hazard or health and safety violation.

Bruce E. Stanton, Esq. The earliest attempt at circumvention by some park owners includes an amendment to rules and regulations attempting to require homeowners to trim trees on mobilehome spaces so that they do not become health and safety hazards. It is GSMOL’s position that such amendments to rules and regulations are still a violation of 798.37.5(a).

MHPHOA AAI It is the MHPHOA's position that such amendments to mobile home park rules and regulations, rental agreements and/or lease agreements are a direct violation of California MRL §798.

Tue, Sep 6, 2016 – Did you purchase a mobile home from a Kort & Scott Financial Group Affiliate e.g. Tri Palms Ventures, Two Palms Real Estate, Blue Carpet Manufactured Homes or Monarch Mobile Home Sales? Did you receive the title to your mobile home free and clear of all liabilities e.g. liens?

If you have not received the title to your mobile home and it has been more than twenty (20) days since purchase, call the State Department of Housing and Community Development’s (HCD) Registration and Titling (R&T) Division at 800-952-8356 for immediate assistance.

There is a possibility that your mobile home is not yours at all. It may still be registered to a previous owner who isn't aware that the title is still in their name. Technically, whomever’s name is on the title, that is the individual(s) who owns your mobile home, not you.

How do you find out who owns your mobile home? One option is to locate the HCD Decal Number which can normally be found affixed to one end of the mobile home sections. It is usually three (3) uppercase letters, a space, and a four (4) digit number (see actual examples below).

Once you’ve obtained the HCD Decal Number, browse to the HCD Decal Search, enter your Decal Number and click/tap the "Search For My Decal" button.

HCD Decal Search Note: Steps 1 and 2 below are not required, you will not be performing a renewal, you are only searching to verify who the registered owner(s) of the mobile home is.

If you have found, after performing the above search, that your mobile home is registered to someone else, call the State Department of Housing and Community Development’s (HCD) Registration and Titling (R&T) Division at 800-952-8356 for immediate assistance.

HCD Decal Examples

Thu, Sep 1, 2016 – 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.

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/

Terrace View Mobile Home Estates
13162 Highway 8 Business, El Cajon, California 92021

• Filing Date: 2013-07-12 – Class Action Lawsuit Filed by Residents
• Case Title: Aranda vs. Terrace View Partners LP
• San Diego Superior Court Case Number: 37-2013-00057526-CU-PO-CTL
• Status Phase I: 2016-07-06 – Plaintiffs Won Class Action Lawsuit
• 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
11. Elder Financial Abuse

    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.

12. For Rescission and Declaratory and Injunctive Relief