BILL NUMBER: AB 2272	CHAPTERED
	BILL TEXT

	CHAPTER  99
	FILED WITH SECRETARY OF STATE  JULY 13, 2012
	APPROVED BY GOVERNOR  JULY 13, 2012
	PASSED THE SENATE  JUNE 28, 2012
	PASSED THE ASSEMBLY  MAY 17, 2012
	AMENDED IN ASSEMBLY  APRIL 19, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 24, 2012

   An act to amend, repeal, and add Section 798.88 of the Civil Code,
and to amend, repeal, and add Section 85 of the Code of Civil
Procedure, relating to mobilehomes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2272, Wagner. Mobilehomes: injunctions.
   The Mobilehome Residency Law governs tenancies in mobilehome
parks, and imposes various duties on the owners of mobilehome parks
and the agents and representatives authorized to act on behalf of the
owners. Existing law permits the management of a mobilehome park to
seek specified injunctive relief for the violation of a reasonable
rule or regulation. Existing law treats certain actions as limited
civil cases.
   This bill, until January 1, 2016, would permit the management to
file a petition for an order to enjoin these violations within the
limited jurisdiction of the superior court of the county in which the
mobilehome community is located. This bill would also treat the
actions for injunctive relief described above as limited civil cases.




THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 798.88 of the Civil Code is amended to read:
   798.88.  (a) In addition to any right under Article 6 (commencing
with Section 798.55) to terminate the tenancy of a homeowner, any
person in violation of a reasonable rule or regulation of a
mobilehome park may be enjoined from the violation as provided in
this section.
   (b) A petition for an order enjoining a continuing or recurring
violation of any reasonable rule or regulation of a mobilehome park
may be filed by the management thereof within the limited
jurisdiction of the superior court of the county in which the
mobilehome park is located. At the time of filing the petition, the
petitioner may obtain a temporary restraining order in accordance
with subdivision (a) of Section 527 of the Code of Civil Procedure. A
temporary order restraining the violation may be granted, with
notice, upon the petitioner's affidavit showing to the satisfaction
of the court reasonable proof of a continuing or recurring violation
of a rule or regulation of the mobilehome park by the named homeowner
or resident and that great or irreparable harm would result to the
management or other homeowners or residents of the park from
continuance or recurrence of the violation.
   (c) A temporary restraining order granted pursuant to this
subdivision shall be personally served upon the respondent homeowner
or resident with the petition for injunction and notice of hearing
thereon. The restraining order shall remain in effect for a period
not to exceed 15 days, except as modified or sooner terminated by the
court.
   (d) Within 15 days of filing the petition for an injunction, a
hearing shall be held thereon. If the court, by clear and convincing
evidence, finds the existence of a continuing or recurring violation
of a reasonable rule or regulation of the mobilehome park, the court
shall issue an injunction prohibiting the violation. The duration of
the injunction shall not exceed three years.
   (e) However, not more than three months prior to the expiration of
an injunction issued pursuant to this section, the management of the
mobilehome park may petition under this section for a new injunction
where there has been recurring or continuous violation of the
injunction or there is a threat of future violation of the mobilehome
park's rules upon termination of the injunction.
   (f) Nothing shall preclude a party to an action under this section
from appearing through legal counsel or in propria persona.
   (g) The remedy provided by this section is nonexclusive and
nothing in this section shall be construed to preclude or limit any
rights the management of a mobilehome park may have to terminate a
tenancy.
   (h) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
  SEC. 2.  Section 798.88 is added to the Civil Code, to read:
   798.88.  (a) In addition to any right under Article 6 (commencing
with Section 798.55) to terminate the tenancy of a homeowner, any
person in violation of a reasonable rule or regulation of a
mobilehome park may be enjoined from the violation as provided in
this section.
   (b) A petition for an order enjoining a continuing or recurring
violation of any reasonable rule or regulation of a mobilehome park
may be filed by the management thereof with the superior court for
the county in which the mobilehome park is located. At the time of
filing the petition, the petitioner may obtain a temporary
restraining order in accordance with subdivision (a) of Section 527
of the Code of Civil Procedure. A temporary order restraining the
violation may be granted, with notice, upon the petitioner's
affidavit showing to the satisfaction of the court reasonable proof
of a continuing or recurring violation of a rule or regulation of the
mobilehome park by the named homeowner or resident and that great or
irreparable harm would result to the management or other homeowners
or residents of the park from continuance or recurrence of the
violation.
   (c) A temporary restraining order granted pursuant to this
subdivision shall be personally served upon the respondent homeowner
or resident with the petition for injunction and notice of hearing
thereon. The restraining order shall remain in effect for a period
not to exceed 15 days, except as modified or sooner terminated by the
court.
   (d) Within 15 days of filing the petition for an injunction, a
hearing shall be held thereon. If the court, by clear and convincing
evidence, finds the existence of a continuing or recurring violation
of a reasonable rule or regulation of the mobilehome park, the court
shall issue an injunction prohibiting the violation. The duration of
the injunction shall not exceed three years.
   (e) However, not more than three months prior to the expiration of
an injunction issued pursuant to this section, the management of the
mobilehome park may petition under this section for a new injunction
where there has been recurring or continuous violation of the
injunction or there is a threat of future violation of the mobilehome
park's rules upon termination of the injunction.
   (f) Nothing shall preclude a party to an action under this section
from appearing through legal counsel or in propria persona.
   (g) The remedy provided by this section is nonexclusive and
nothing in this section shall be construed to preclude or limit any
rights the management of a mobilehome park may have to terminate a
tenancy.
   (h) This section shall become operative on January 1, 2016.
  SEC. 3.  Section 85 of the Code of Civil Procedure is amended to
read:
   85.  An action or special proceeding shall be treated as a limited
civil case if all of the following conditions are satisfied, and,
notwithstanding any statute that classifies an action or special
proceeding as a limited civil case, an action or special proceeding
shall not be treated as a limited civil case unless all of the
following conditions are satisfied:
   (a) The amount in controversy does not exceed twenty-five thousand
dollars ($25,000). As used in this section, "amount in controversy"
means the amount of the demand, or the recovery sought, or the value
of the property, or the amount of the lien, that is in controversy in
the action, exclusive of attorneys' fees, interest, and costs.
   (b) The relief sought is a type that may be granted in a limited
civil case.
   (c) The relief sought, whether in the complaint, a
cross-complaint, or otherwise, is exclusively of a type described in
one or more statutes that classify an action or special proceeding as
a limited civil case or that provide that an action or special
proceeding is within the original jurisdiction of the municipal
court, including, but not limited to, the following provisions:
   (1) Section 798.61 or 798.88 of the Civil Code.
   (2) Section 1719 of the Civil Code.
   (3) Section 3342.5 of the Civil Code.
   (4) Section 86.
   (5) Section 86.1.
   (6) Section 1710.20.
   (7) Section 7581 of the Food and Agricultural Code.
   (8) Section 12647 of the Food and Agricultural Code.
   (9) Section 27601 of the Food and Agricultural Code.
   (10) Section 31503 of the Food and Agricultural Code.
   (11) Section 31621 of the Food and Agricultural Code.
   (12) Section 52514 of the Food and Agricultural Code.
   (13) Section 53564 of the Food and Agricultural Code.
   (14) Section 53069.4 of the Government Code.
   (15) Section 53075.6 of the Government Code.
   (16) Section 53075.61 of the Government Code.
   (17) Section 5411.5 of the Public Utilities Code.
   (18) Section 9872.1 of the Vehicle Code.
   (19) Section 10751 of the Vehicle Code.
   (20) Section 14607.6 of the Vehicle Code.
   (21) Section 40230 of the Vehicle Code.
   (22) Section 40256 of the Vehicle Code.
   (d) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
  SEC. 4.  Section 85 is added to the Code of Civil Procedure, to
read:
   85.  An action or special proceeding shall be treated as a limited
civil case if all of the following conditions are satisfied, and,
notwithstanding any statute that classifies an action or special
proceeding as a limited civil case, an action or special proceeding
shall not be treated as a limited civil case unless all of the
following conditions are satisfied:
   (a) The amount in controversy does not exceed twenty-five thousand
dollars ($25,000). As used in this section, "amount in controversy"
means the amount of the demand, or the recovery sought, or the value
of the property, or the amount of the lien, that is in controversy in
the action, exclusive of attorneys' fees, interest, and costs.
   (b) The relief sought is a type that may be granted in a limited
civil case.
   (c) The relief sought, whether in the complaint, a
cross-complaint, or otherwise, is exclusively of a type described in
one or more statutes that classify an action or special proceeding as
a limited civil case or that provide that an action or special
proceeding is within the original jurisdiction of the municipal
court, including, but not limited to, the following provisions:
   (1) Section 798.61 of the Civil Code.
   (2) Section 1719 of the Civil Code.
   (3) Section 3342.5 of the Civil Code.
   (4) Section 86.
   (5) Section 86.1.
   (6) Section 1710.20.
   (7) Section 7581 of the Food and Agricultural Code.
   (8) Section 12647 of the Food and Agricultural Code.
   (9) Section 27601 of the Food and Agricultural Code.
   (10) Section 31503 of the Food and Agricultural Code.
   (11) Section 31621 of the Food and Agricultural Code.
   (12) Section 52514 of the Food and Agricultural Code.
   (13) Section 53564 of the Food and Agricultural Code.
   (14) Section 53069.4 of the Government Code.
   (15) Section 53075.6 of the Government Code.
   (16) Section 53075.61 of the Government Code.
   (17) Section 5411.5 of the Public Utilities Code.
   (18) Section 9872.1 of the Vehicle Code.
   (19) Section 10751 of the Vehicle Code.
   (20) Section 14607.6 of the Vehicle Code.
   (21) Section 40230 of the Vehicle Code.
   (22) Section 40256 of the Vehicle Code.
   (d) This section shall become operative on January 1, 2016.