BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2272|
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CONSENT
Bill No: AB 2272
Author: Wagner (R)
Amended: 4/19/12 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 6/19/12
AYES: Evans, Harman, Blakeslee, Corbett, Leno
ASSEMBLY FLOOR : 75-0, 5/17/12 (Consent) - See last page
for vote
SUBJECT : Mobilehomes: injunctions
SOURCE : Western Manufactured Housing Communities
Association
DIGEST : This bill, until January 1, 2016, authorizes the
management of a mobilehome park to file a petition for an
order to enjoin violations of a reasonable rule or
regulation of the mobilehome park within the limited
jurisdiction of the superior court.
ANALYSIS : Existing law, the Mobilehome Residency Law,
governs the relationship between park owners or managers
and the residents in mobilehome parks and manufactured
housing communities. (Civil Code Sec. 798 et seq.)
Existing law permits management of a mobilehome park to
petition for an order enjoining a continuing or recurring
violation of any reasonable rule or regulation of a
CONTINUED
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mobilehome park. A hearing must be held within 15 days of
the filing of the petition for an injunction, and, if the
court finds clear and convincing evidence of the existence
of a violation, the court shall issue an injunction for a
duration not to exceed three years. (Civil Code Sec.
798.88(b),(d).)
Existing law provides that an action or special proceeding
shall be treated as a limited civil case if the following
conditions are satisfied:
The amount in controversy, as defined, does not exceed
$25,000;
The relief sought is a type that may be granted in a
limited civil case; and
The relief sought, whether in the complaint, a
cross-complaint, or otherwise, is exclusively of the type
described in one or more statutes that classify an action
or special proceeding as a limited civil case or that
provides that an action or special proceeding is within
the original jurisdiction of the municipal court. (Code
Civil Proc. Sec. 85.)
Existing law provides that the following types of relief
may not be granted in a limited civil case:
Relief exceeding the maximum amount in controversy for a
limited civil case;
A permanent injunction, except as otherwise authorized by
statute;
A determination of title to real property; and
Declaratory relief, as specified. (Code Civil Proc. Sec.
580.)
This bill:
1.Allows park management to seek a petition for an order
enjoining a continuing or recurring violation of any
reasonable rule or regulation of a mobilehome park within
the limited jurisdiction of the superior court of the
county in which the mobilehome park is located.
2.Specifically provides that an injunction sought pursuant
to the above provision shall be considered a limited
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civil case.
3.Sunsets on January 1, 2016.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/21/12)
Western Manufactured Housing Communities Association
(source)
ARGUMENTS IN SUPPORT : According to the author:
As a matter of public policy, the availability of
injunctive relief promotes quiet enjoyment and reduces
disruption in housing. An injunction against a tenant
nuisance is a far less drastic remedy than the summary
displacement of an eviction. The less intrusive
remedy of injunctive relief against violation of
mobilehome park rule under Civil Code Section 798.88
is recognition of this policy. Yet, owners are
dissuaded because injunctions are filed in the
unlimited jurisdiction of the Superior Court, which is
a more expensive and less convenient forum for both
sides than a simple eviction filed in limited
jurisdiction in the judicial district. Parkowners are
discouraged from considering a less intrusive remedy.
In other words, the injunction is more expensive than
pursuing an unlawful detainer, so mobilehome
parkowners are more inclined to pursue an unlawful
detainer instead.
This proposal, for 3 years, would make the process to
pursue injunctive relief against a mobilehome park
rule under Civil Code Section 798.88, no less
burdensome and costly than a comparative and more
intrusive remedy of eviction. Simply, the legislation
would provide that injunctions for violations of rules
and regulations be filed in limited jurisdiction
courts.
ASSEMBLY FLOOR : 75-0, 5/17/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
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Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller,
Mitchell, Monning, Morrell, Nestande, Nielsen, Norby,
Olsen, Pan, V. Manuel Pérez, Portantino, Silva, Smyth,
Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski,
Williams, John A. Pérez
NO VOTE RECORDED: Fletcher, Bonnie Lowenthal, Perea,
Skinner, Yamada
RJG:n 6/21/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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