BILL NUMBER: AB 999	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 15, 2015
	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   Sections 798.56a
and  798.61 of the Civil Code, relating to mobilehomes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 999, as amended, Daly.  Abandoned mobilehomes:
  Mobilehomes: salvage and  disposal.
   The Mobilehome Residency Law governs tenancies in mobilehome
 parks, including, among other things, imposing 
 parks and, among other things, authorizes the management of a
mobilehome park, under specified circumstances, to either remove the
mobilehome from the premises and place it in storage or store the
mobilehome on its site. Existing law provides the management with a
warehouse lien for these costs and   imposes various duties
on the management to enforce this lien. Existing law also imposes
 various duties on the management of a mobilehome park when
seeking to sell an abandoned mobilehome and its contents. 
Existing law requires a court to enter a judgment of abandonment if
the   criteria for abandonment has been satisfied and no
party establishes an interest in the mobilehome at the hearing. 
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  , among
other things, authorize the management to enforce a warehouse lien
and declare a mobilehome as salvage without requiring the management
or other person enforcing the lien to obtain a tax  
clearance certificate. The bill would require a court to enter a
judgment of abandonment if, instead, the criteria for abandonment has
been satisfied and no party establishes an interest in the
mobilehome and tenders all past due rent and other charges. The bill
would  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 that management will
 either enforce a warehouse lien and declare the  
mobilehome as salvage or  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 798.56a of the   Civil
Code   is amended to read: 
   798.56a.  (a) Within 60 days after receipt of, or no later than 65
days after the mailing of, the notice of termination of tenancy
pursuant to any reason provided in Section 798.56, the legal owner,
if any, and each junior lienholder, if any, shall notify the
management in writing of at least one of the following:
   (1) Its offer to sell the obligation secured by the mobilehome to
the management for the amount specified in its written offer. In that
event, the management shall have 15 days following receipt of the
offer to accept or reject the offer in writing. If the offer is
rejected, the person or entity that made the offer shall have 10 days
in which to exercise one of the other options contained in this
section and shall notify management in writing of its choice.
   (2) Its intention to foreclose on its security interest in the
mobilehome.
   (3) Its request that the management pursue the termination of
tenancy against the homeowner and its offer to reimburse management
for the reasonable attorney's fees and court costs incurred by the
management in that action. If this request and offer are made, the
legal owner, if any, or junior lienholder, if any, shall reimburse
the management the amount of reasonable attorney's fees and court
costs, as agreed upon by the management and the legal owner or junior
lienholder, incurred by the management in an action to terminate the
homeowner's tenancy, on or before the earlier of (A) the 60th
calendar day following receipt of written notice from the management
of the aggregate amount of those reasonable attorney's fees and costs
or (B) the date the mobilehome is resold.
   (b) A legal owner, if any, or junior lienholder, if any, may sell
the mobilehome within the park to a third party and keep the
mobilehome on the site within the mobilehome park until it is resold
only if all of the following requirements are met:
   (1) The legal owner, if any, or junior lienholder, if any,
notifies management in writing of the intention to exercise either
option described in paragraph (2) or (3) of subdivision (a) within 60
days following receipt of, or no later than 65 days after the
mailing of, the notice of termination of tenancy and satisfies all of
the responsibilities and liabilities of the homeowner owing to the
management for the 90 days preceding the mailing of the notice of
termination of tenancy and then continues to satisfy these
responsibilities and liabilities as they accrue from the date of the
mailing of that notice until the date the mobilehome is resold.
   (2) Within 60 days following receipt of, or no later than 65 days
after the mailing of, the notice of termination of tenancy, the legal
owner or junior lienholder commences all repairs and necessary
corrective actions so that the mobilehome complies with park rules
and regulations in existence at the time the notice of termination of
tenancy was given as well as the health and safety standards
specified in Sections 18550, 18552, and 18605 of the Health and
Safety Code, and completes these repairs and corrective actions
within 90 calendar days of that notice, or before the date that the
mobilehome is sold, whichever is earlier.
   (3) The legal owner, if any, or junior lienholder, if any,
complies with the requirements of Article 7 (commencing with Section
798.70) as it relates to the transfer of the mobilehome to a third
party.
   (c) For purposes of subdivision (b), the "homeowner's
responsibilities and liabilities" means all rents, utilities,
reasonable maintenance charges of the mobilehome and its premises,
and reasonable maintenance of the mobilehome and its premises
pursuant to existing park rules and regulations.
   (d) If the homeowner files for bankruptcy, the periods set forth
in this section are tolled until the mobilehome is released from
bankruptcy.
   (e)    (1)  Notwithstanding any other provision
of law, including, but not limited to, Section 18099.5 of the Health
and Safety Code, if neither the legal owner nor a junior lienholder
notifies the management of its decision pursuant to subdivision (a)
within the period allowed, or performs as agreed within 30 days, or
if a registered owner of a mobilehome, that is not encumbered by a
lien held by a legal owner or a junior lienholder, fails to comply
with a notice of termination and is either legally evicted or vacates
the premises, the management may either remove the mobilehome from
the premises and place it in storage or store it on its site. In this
case, notwithstanding any other provision of law, the management
shall have a warehouse lien in accordance with Section 7209 of the
Commercial Code against the mobilehome for the costs of dismantling
and moving, if appropriate, as well as storage, that shall be
superior to all other liens, except the lien provided for in Section
18116.1 of the Health and Safety Code, and may enforce the lien
pursuant to Section 7210 of the Commercial Code either after the date
of judgment in an unlawful detainer action or after the date the
mobilehome is physically vacated by the resident, whichever occurs
earlier. Upon completion of any sale to enforce the warehouse lien in
accordance with Section 7210 of the Commercial Code, the management
shall provide the purchaser at the sale with evidence of the sale, as
shall be specified by the Department of Housing and Community
Development, that shall, upon proper request by the purchaser of the
mobilehome, register title to the mobilehome to this purchaser,
whether or not there existed a legal owner or junior lienholder on
this title to the mobilehome. 
   (2) Notwithstanding any other provision of law, if the management
of a mobilehome park obtains title to a mobilehome after enforcing
the warehouse lien and obtains approval from Department of Housing
and Community Development to designate the mobilehome for salvage,
management or any other person enforcing this warehouse lien shall
not be required to obtain a tax clearance certificate, as set forth
in Section 5832 of the Revenue and Taxation Code, provided that
management notifies the county tax collector in the county in which
the mobilehome is located, as well as the Department of Housing and
Community Development of management's intent to enforce a warehouse
lien and apply to have the mobilehome designated for salvage. The
written notice shall be sent to the county tax collector and the
Department of Housing and Community Development no less than 10 days
prior to the intended date of the sale to enforce the lien against
the mobilehome. The notice shall be sent by first class mail, postage
prepaid. 
   (f) All written notices required by this section  , except the
notice in paragraph (2) of subdivision (e),  shall be sent to
the other party by certified or registered mail with return receipt
requested.
   (g) Satisfaction, pursuant to this section, of the homeowner's
accrued or accruing responsibilities and liabilities shall not cure
the default of the homeowner.
   SECTION 1.   SEC. 2.   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. 
   (D) It is not permanently affixed to the land. 
   (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).
    (C) "Dispose" or "disposal" shall mean the removal and
destruction of an abandoned mobilehome from a mobilehome 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 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) Notify the county tax collector in the county in which the
mobilehome park is located and the Department of Housing and
Community 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,   hearing and tenders all past due
rent and other charges,  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) 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.
   (B) During this period the management shall post and mail a notice
of intent to sell the abandoned mobilehome and its contents under
this section, and announcing the date of 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.
   (C) At any time prior to the sale 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.
   (2) Following the judgment of abandonment, but not less than 10
days following the notice of sale specified in 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.
   (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 paragraph (1).
   (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. 
   (4) The management shall obtain a salvage title from the
Department of Housing and Community Development prior to disposal.

   (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.   contents pursuant to
subdivision (f). However, any sale pursuant to this section 
 shall be subject to the tax clearance certificate requirements
of Section 18092.7 of the Health and Safety Code.