BILL NUMBER: AB 693	CHAPTERED  07/22/03

	CHAPTER  98
	FILED WITH SECRETARY OF STATE  JULY 22, 2003
	APPROVED BY GOVERNOR  JULY 22, 2003
	PASSED THE SENATE  JULY 7, 2003
	PASSED THE ASSEMBLY  APRIL 7, 2003

INTRODUCED BY   Assembly Member Corbett

                        FEBRUARY 19, 2003

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 693, 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.


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).