Senate BillNo. 244


Introduced by Senator Vidak

(Principal coauthor: Assembly Member Wagner)

February 18, 2015


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

LEGISLATIVE COUNSEL’S DIGEST

SB 244, as introduced, Vidak. Mobilehomes: injunctions.

The Mobilehome Residency Law authorizes the management of a mobilehome park to, until January 1, 2016, file a petition for an order to enjoin a continuing or recurring violation of a reasonable rule or regulation of the mobilehome park within the limited jurisdiction of the superior court of the county in which the mobilehome community is located. Existing law, until January 1, 2016, treats these actions for injunctive relief as a limited civil case.

This bill would extend the operation of these provisions indefinitely.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 798.88 of the Civil Code, as amended
2by Section 1 of Chapter 99 of the Statutes of 2012, is amended to
3read:

4

798.88.  

(a) In addition to any right under Article 6
5(commencing with Section 798.55) to terminate the tenancy of a
6homeowner, any person in violation of a reasonable rule or
P2    1regulation of a mobilehome park may be enjoined from the
2violation as provided in this section.

3(b) A petition for an order enjoining a continuing or recurring
4violation of any reasonable rule or regulation of a mobilehome
5park may be filed by the management thereof within the limited
6jurisdiction of the superior court of the county in which the
7mobilehome park is located. At the time of filing the petition, the
8petitioner may obtain a temporary restraining order in accordance
9with subdivision (a) of Section 527 of the Code of Civil Procedure.
10A temporary order restraining the violation may be granted, with
11notice, upon the petitioner’s affidavit showing to the satisfaction
12of the court reasonable proof of a continuing or recurring violation
13of a rule or regulation of the mobilehome park by the named
14homeowner or resident and that great or irreparable harm would
15result to the management or other homeowners or residents of the
16park from continuance or recurrence of the violation.

17(c) A temporary restraining order granted pursuant to this
18subdivision shall be personally served upon the respondent
19homeowner or resident with the petition for injunction and notice
20of hearing thereon. The restraining order shall remain in effect for
21a period not to exceed 15 days, except as modified or sooner
22terminated by the court.

23(d) Within 15 days of filing the petition for an injunction, a
24hearing shall be held thereon. If the court, by clear and convincing
25evidence, finds the existence of a continuing or recurring violation
26of a reasonable rule or regulation of the mobilehome park, the
27court shall issue an injunction prohibiting the violation. The
28duration of the injunction shall not exceed three years.

29(e) However, not more than three months prior to the expiration
30of an injunction issued pursuant to this section, the management
31of the mobilehome park may petition under this section for a new
32injunction where there has been recurring or continuous violation
33of the injunction or there is a threat of future violation of the
34mobilehome park’s rules upon termination of the injunction.

35(f) Nothing shall preclude a party to an action under this section
36from appearing through legal counsel or in propria persona.

37(g) The remedy provided by this section is nonexclusive and
38nothing in this section shall be construed to preclude or limit any
39rights the management of a mobilehome park may have to
40terminate a tenancy.

begin delete

P3    1(h) This section shall remain in effect only until January 1, 2016,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2016, deletes or extends that date.

end delete
4

SEC. 2.  

Section 798.88 of the Civil Code, as added by Section
52 of Chapter 99 of the Statutes of 2012, is repealed.

begin delete
6

798.88.  

(a) In addition to any right under Article 6
7(commencing with Section 798.55) to terminate the tenancy of a
8homeowner, any person in violation of a reasonable rule or
9regulation of a mobilehome park may be enjoined from the
10violation as provided in this section.

11(b) A petition for an order enjoining a continuing or recurring
12violation of any reasonable rule or regulation of a mobilehome
13park may be filed by the management thereof with the superior
14court for the county in which the mobilehome park is located. At
15the time of filing the petition, the petitioner may obtain a temporary
16restraining order in accordance with subdivision (a) of Section 527
17of the Code of Civil Procedure. A temporary order restraining the
18violation may be granted, with notice, upon the petitioner’s
19affidavit showing to the satisfaction of the court reasonable proof
20of a continuing or recurring violation of a rule or regulation of the
21mobilehome park by the named homeowner or resident and that
22great or irreparable harm would result to the management or other
23homeowners or residents of the park from continuance or
24recurrence of the violation.

25(c) A temporary restraining order granted pursuant to this
26subdivision shall be personally served upon the respondent
27homeowner or resident with the petition for injunction and notice
28of hearing thereon. The restraining order shall remain in effect for
29a period not to exceed 15 days, except as modified or sooner
30terminated by the court.

31(d) Within 15 days of filing the petition for an injunction, a
32hearing shall be held thereon. If the court, by clear and convincing
33evidence, finds the existence of a continuing or recurring violation
34of a reasonable rule or regulation of the mobilehome park, the
35court shall issue an injunction prohibiting the violation. The
36duration of the injunction shall not exceed three years.

37(e) However, not more than three months prior to the expiration
38of an injunction issued pursuant to this section, the management
39of the mobilehome park may petition under this section for a new
40injunction where there has been recurring or continuous violation
P4    1of the injunction or there is a threat of future violation of the
2mobilehome park’s rules upon termination of the injunction.

3(f) Nothing shall preclude a party to an action under this section
4from appearing through legal counsel or in propria persona.

5(g) The remedy provided by this section is nonexclusive and
6nothing in this section shall be construed to preclude or limit any
7rights the management of a mobilehome park may have to
8terminate a tenancy.

9(h) This section shall become operative on January 1, 2016.

end delete
10

SEC. 3.  

Section 85 of the Code of Civil Procedure, as amended
11by Section 3 of Chapter 99 of the Statutes of 2012, is amended to
12read:

13

85.  

An action or special proceeding shall be treated as a limited
14civil case if all of the following conditions are satisfied, and,
15notwithstanding any statute that classifies an action or special
16proceeding as a limited civil case, an action or special proceeding
17shall not be treated as a limited civil case unless all of the following
18conditions are satisfied:

19(a) The amount in controversy does not exceed twenty-five
20thousand dollars ($25,000). As used in this section, “amount in
21controversy” means the amount of the demand, or the recovery
22sought, or the value of the property, or the amount of the lien, that
23is in controversy in the action, exclusive of attorneys’ fees, interest,
24and costs.

25(b) The relief sought is a type that may be granted in a limited
26civil case.

27(c) The relief sought, whether in the complaint, a
28cross-complaint, or otherwise, is exclusively of a type described
29in one or more statutes that classify an action or special proceeding
30as a limited civil case or that provide that an action or special
31proceeding is within the original jurisdiction of the municipal
32court, including, but not limited to, the following provisions:

33(1) Section 798.61 or 798.88 of the Civil Code.

34(2) Section 1719 of the Civil Code.

35(3) Section 3342.5 of the Civil Code.

36(4) Section 86.

37(5) Section 86.1.

38(6) Section 1710.20.

39(7) Section 7581 of the Food and Agricultural Code.

40(8) Section 12647 of the Food and Agricultural Code.

P5    1(9) Section 27601 of the Food and Agricultural Code.

2(10) Section 31503 of the Food and Agricultural Code.

3(11) Section 31621 of the Food and Agricultural Code.

4(12) Section 52514 of the Food and Agricultural Code.

5(13) Section 53564 of the Food and Agricultural Code.

6(14) Section 53069.4 of the Government Code.

7(15) Section 53075.6 of the Government Code.

8(16) Section 53075.61 of the Government Code.

9(17) Section 5411.5 of the Public Utilities Code.

10(18) Section 9872.1 of the Vehicle Code.

11(19) Section 10751 of the Vehicle Code.

12(20) Section 14607.6 of the Vehicle Code.

13(21) Section 40230 of the Vehicle Code.

14(22) Section 40256 of the Vehicle Code.

begin delete

15(d) This section shall remain in effect only until January 1, 2016,
16and as of that date is repealed, unless a later enacted statute, that
17is enacted before January 1, 2016, deletes or extends that date.

end delete
18

SEC. 4.  

Section 85 of the Code of Civil Procedure, as added
19by Section 4 of Chapter 99 of the Statutes of 2012, is repealed.

begin delete
20

85.  

An action or special proceeding shall be treated as a limited
21civil case if all of the following conditions are satisfied, and,
22notwithstanding any statute that classifies an action or special
23proceeding as a limited civil case, an action or special proceeding
24shall not be treated as a limited civil case unless all of the following
25conditions are satisfied:

26(a) The amount in controversy does not exceed twenty-five
27thousand dollars ($25,000). As used in this section, “amount in
28controversy” means the amount of the demand, or the recovery
29sought, or the value of the property, or the amount of the lien, that
30is in controversy in the action, exclusive of attorneys’ fees, interest,
31and costs.

32(b) The relief sought is a type that may be granted in a limited
33civil case.

34(c) The relief sought, whether in the complaint, a
35cross-complaint, or otherwise, is exclusively of a type described
36in one or more statutes that classify an action or special proceeding
37as a limited civil case or that provide that an action or special
38proceeding is within the original jurisdiction of the municipal
39court, including, but not limited to, the following provisions:

40(1) Section 798.61 of the Civil Code.

P6    1(2) Section 1719 of the Civil Code.

2(3) Section 3342.5 of the Civil Code.

3(4) Section 86.

4(5) Section 86.1.

5(6) Section 1710.20.

6(7) Section 7581 of the Food and Agricultural Code.

7(8) Section 12647 of the Food and Agricultural Code.

8(9) Section 27601 of the Food and Agricultural Code.

9(10) Section 31503 of the Food and Agricultural Code.

10(11) Section 31621 of the Food and Agricultural Code.

11(12) Section 52514 of the Food and Agricultural Code.

12(13) Section 53564 of the Food and Agricultural Code.

13(14) Section 53069.4 of the Government Code.

14(15) Section 53075.6 of the Government Code.

15(16) Section 53075.61 of the Government Code.

16(17) Section 5411.5 of the Public Utilities Code.

17(18) Section 9872.1 of the Vehicle Code.

18(19) Section 10751 of the Vehicle Code.

19(20) Section 14607.6 of the Vehicle Code.

20(21) Section 40230 of the Vehicle Code.

21(22) Section 40256 of the Vehicle Code.

22(d) This section shall become operative on January 1, 2016.

end delete


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