BILL NUMBER: AB 999	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 20, 2015
	AMENDED IN ASSEMBLY  APRIL 7, 2015

INTRODUCED BY   Assembly Member Daly

                        FEBRUARY 26, 2015

   An act to amend Section 798.61 of the Civil Code, relating to
mobilehomes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 999, as amended, Daly. Abandoned mobilehomes: disposal.
   The Mobilehome Residency Law governs tenancies in mobilehome
parks, including, among other things, imposing various duties on the
management of a mobilehome park when seeking to sell an abandoned
mobilehome and its contents. Existing law requires the management,
under certain circumstances, to obtain a tax clearance certificate
from the county tax collector of the county in which the mobilehome
is located when selling an abandoned mobilehome.
   This bill would amend the Mobilehome Residency Law to authorize a
procedure for the management of a mobilehome park to dispose of 
or sell  an abandoned mobilehome and to dispose of or sell its
contents without requiring the management to obtain a tax clearance
certificate. This bill would require the management to notify the
county tax collector in the county in which the mobilehome park is
located and the Department of Housing and Community Development
 of an action to   that management will 
dispose of an abandoned mobilehome and its contents pursuant to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 798.61 of the Civil Code is amended to read:
   798.61.  (a) (1) As used in this section, "abandoned mobilehome"
means a mobilehome about which all of the following are true:
   (A) It is located in a mobilehome park on a site for which no rent
has been paid to the management for the preceding 60 days.
   (B) It is unoccupied.
   (C) A reasonable person would believe it to be abandoned.
   (2) As used in this section:
   (A) "Mobilehome" shall include a trailer coach, as defined in
Section 635 of the Vehicle Code, or a recreational vehicle, as
defined in Section 18010 of the Health and Safety Code, if the
trailer coach or recreational vehicle also satisfies the requirements
of paragraph (1), including being located on any site within a
mobilehome park, even if the site is in a separate designated section
pursuant to Section 18215 of the Health and Safety Code.
   (B) "Abandoned mobilehome" shall include a mobilehome that is
uninhabitable because of its total or partial destruction that cannot
be rehabilitated, if the mobilehome also satisfies the requirements
of paragraph (1). 
   (3) As used in this section, "dispose" 
    (C)     "Dispose"  or "disposal" shall
mean  to remove   the removal and destruction
of an abandoned mobilehome from a mobilehome  park or
park and destroy it,  park,  thus making it
unusable for any purpose.
   (b) After determining a mobilehome in a mobilehome park to be an
abandoned mobilehome, the management shall post a notice of belief of
abandonment on the mobilehome for not less than 30 days, and shall
deposit copies of the notice in the United States mail, postage
prepaid, addressed to the homeowner at the last known address and to
any known registered owner, if different from the homeowner, and to
any known holder of a security interest in the abandoned mobilehome.
This notice shall be mailed by registered or certified mail with a
return receipt requested.
   (c) (1) Thirty or more days following posting pursuant to
subdivision (b), the management may file a petition in the superior
court in the county in which the mobilehome park is located, for a
judicial declaration of abandonment of the mobilehome. A proceeding
under this subdivision is a limited civil case. Copies of the
petition shall be served upon the homeowner, any known registered
owner, and any known person having a lien or security interest of
record in the mobilehome by posting a copy on the mobilehome and
mailing copies to those persons at their last known addresses by
registered or certified mail with a return receipt requested in the
United States mail, postage prepaid.
   (2) To dispose of an abandoned  mobilehome,  
mobilehome pursuant to subdivision (f),  the management shall
also do all of the following:
   (A) Declare in the petition that the management will dispose of
the abandoned mobilehome, and therefore will not seek a tax clearance
certificate as set forth in Section 5832 of the Revenue and Taxation
Code.
   (B) Declare in the petition whether the management intends to sell
the contents of the abandoned mobilehome before its disposal.
   (C)  Serve the petition on   Notify  the
county tax collector in the county in which the mobilehome park is
located and the Department of Housing and Community 
Development.   Development of the declaration that
management will dispose of the abandoned mobilehome by sending a copy
of the petition by first class mail. 
   (d) (1) Hearing on the petition shall be given precedence over
other matters on the court's calendar.
   (2) If, at the hearing, the petitioner shows by a preponderance of
the evidence that the criteria for an abandoned mobilehome has been
satisfied and no party establishes an interest therein at the
hearing, the court shall enter a judgment of abandonment, determine
the amount of charges to which the petitioner is entitled, and award
attorney's fees and costs to the petitioner. For purposes of this
subdivision, an interest in the mobilehome shall be established by
evidence of a right to possession of the mobilehome or a security or
ownership interest in the mobilehome.
   (3) A default may be entered by the court clerk upon request of
the petitioner, and a default judgment shall be thereupon entered, if
no responsive pleading is filed within 15 days after service of the
petition by mail.
   (e)  (1)     Within
  To sell an abandoned mobilehome, the management shall
do all of the following: 
    (1)     (A)     Within
 10 days following a judgment of abandonment, the management
shall enter the abandoned mobilehome and complete an inventory of the
contents and submit the inventory to the court. 
   (2) 
    (B)  During this period the management shall post and
mail a notice of intent to sell  or dispose of  the
abandoned mobilehome and its contents under this section, and
announcing the date of  sale or disposal,  
sale,  in the same manner as provided for the notice of
determination of abandonment under subdivision (b). The management
shall also provide notice to the county tax collector in the county
in which the mobilehome park is located and the Department of Housing
and Community  Development, if requested by either to do so.
  Development.  
   (3) 
    (C)  At any time prior to the sale  or disposal
 of an abandoned mobilehome or its contents under this
section, any person having a right to possession of the abandoned
mobilehome may recover and remove it from the premises upon payment
to the management of all rent or other charges due, including
reasonable costs of storage and other costs awarded by the court.
Upon receipt of this payment and removal of the abandoned mobilehome
from the premises pursuant to this paragraph, the management shall
immediately file an acknowledgment of satisfaction of judgment
pursuant to Section 724.030 of the Code of Civil Procedure. 
   (f) (1) 
    (2) Following the judgment of abandonment, but not less
than 10 days following the notice of sale  or disposal
 specified in  subdivision (e),  
paragraph (1),  the management may conduct a public sale of the
abandoned mobilehome, its contents, or both. The management may bid
at the sale and shall have the right to offset its bids to the extent
of the total amount due it under this section. The proceeds of the
sale shall be retained by the management, but any unclaimed amount
thus retained over and above the amount to which the management is
entitled under this section shall be deemed abandoned property and
shall be paid into the treasury of the county in which the sale took
place within 30 days of the date of the sale. The former homeowner or
any other owner may claim any or all of that unclaimed amount within
one year from the date of payment to the county by making
application to the county treasurer or other official designated by
the county. If the county pays any or all of that unclaimed amount to
a claimant, neither the county nor any officer or employee of the
county is liable to any other claimant as to the amount paid.

   (2) Following the judgment of abandonment, but not less than 10
days following the notice of sale or disposal specified in
subdivision (e), the management may dispose of the abandoned
mobilehome.  
   (g) (1) 
    (3)  Within 30 days of the date of the sale of the
abandoned mobilehome and its contents, the management shall submit to
the court an accounting of the moneys received from the sale and the
disposition of the money and the items contained in the inventory
submitted to the court pursuant to  subdivision (e).
  paragraph (1).  
   (2) Within 30 days of the date of the disposal of an abandoned
mobilehome and its contents, the management shall submit to the
court, the county tax collector in the county in which the mobilehome
park is located, and the Department of Housing and Community
Development a statement that the abandoned mobilehome and its
contents were disposed with supporting documentation. 

   (3) Within 30 days of the date of the disposal of an abandoned
mobilehome or the date of the sale of its contents, whichever date is
later, the management shall submit to the court, the county tax
collector in the county in which the mobilehome park is located, and
the Department of Housing and Community Development an accounting of
the moneys received from the sale and the disposition of the money
and the items contained in the inventory submitted to the court
pursuant to subdivision (e) and a statement that the abandoned
mobilehome was disposed with supporting documentation. 

   (h) 
   (4)  The management shall provide the purchaser at the
sale of an abandoned mobilehome with a copy of the judgment of
abandonment and evidence of the sale, as shall be specified by the
Department of Housing and Community Development or the Department of
Motor Vehicles, which shall register title in the abandoned
mobilehome to the purchaser upon presentation thereof. The sale shall
pass title to the purchaser free of any prior interest, including
any security interest or lien, except the lien provided for in
Section 18116.1 of the Health and Safety Code, in the abandoned
mobilehome. 
   (f) To dispose of an abandoned mobilehome, the management shall do
all of the following:  
   (1) (A) Within 10 days following a judgment of abandonment, the
management shall enter the abandoned mobilehome and complete an
inventory of the contents and submit the inventory to the court.
 
   (B) During this period the management shall post and mail a notice
of intent to dispose of the abandoned mobilehome and its contents
under this section, and announcing the date of disposal, in the same
manner as provided for the notice of determination of abandonment
under subdivision (b). The management shall also provide notice to
the county tax collector in the county in which the mobilehome park
is located and the Department of Housing and Community Development.
 
   (C) At any time prior to the disposal of an abandoned mobilehome
or its contents under this section, any person having a right to
possession of the abandoned mobilehome may recover and remove it from
the premises upon payment to the management of all rent or other
charges due, including reasonable costs of storage and other costs
awarded by the court. Upon receipt of this payment and removal of the
abandoned mobilehome from the premises pursuant to this
subparagraph, the management shall immediately file an acknowledgment
of satisfaction of judgment pursuant to Section 724.030 of the Code
of Civil Procedure.  
   (2) Following the judgment of abandonment, but not less than 10
days following the notice of disposal specified in paragraph (1), the
management may dispose of the abandoned mobilehome.  
   (3) (A) Within 30 days of the date of the disposal of an abandoned
mobilehome and its contents, the management shall submit to the
court, the county tax collector in the county in which the mobilehome
park is located, and the Department of Housing and Community
Development a statement that the abandoned mobilehome and its
contents were disposed with supporting documentation.  
   (B) Within 30 days of the date of the disposal of an abandoned
mobilehome or the date of the sale of its contents, whichever date is
later, the management shall submit to the court, the county tax
collector in the county in which the mobilehome park is located, and
the Department of Housing and Community Development an accounting of
the moneys received from the sale and the disposition of the money
and the items contained in the inventory submitted to the court
pursuant to paragraph (1) and a statement that the abandoned
mobilehome was disposed with supporting documentation.  

   (i) 
    (g)  Notwithstanding any other law, the management shall
not be required to obtain a tax clearance certificate, as set forth
in Section 5832 of the Revenue and Taxation Code, to either dispose
of an abandoned mobilehome and sell its contents, or dispose of an
abandoned mobilehome and its contents.