BILL ANALYSIS                                                                                                                                                                                                    Ó





                             SENATE JUDICIARY COMMITTEE
                         Senator Hannah-Beth Jackson, Chair
                            2015 - 2016  Regular  Session


          SB 244 (Vidak)
          Version: February 18, 2015
          Hearing Date:  April 7, 2015
          Fiscal: No
          Urgency: No
          TH   
                    

                                        SUBJECT
                                           
                              Mobilehomes:  Injunctions

                                      DESCRIPTION  

          Existing law, 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.   
          This bill would eliminate that sunset date, thus extending the  
          provision indefinitely.

                                      BACKGROUND  

          Enacted in 1978, the Mobilehome Residency Law (MRL) governs the  
          relationship between mobilehome park owners or managers and the  
          residents of the more than 4,800 mobilehome parks and  
          manufactured housing communities in California.  In most of  
          these parks, residents own their home but lease the land on  
          which their home is installed.  Although they have historically  
          been called "mobilehomes," it is often very difficult to  
          actually move a mobilehome once it has been installed in a park.

          Similar to other types of tenants (and property owners),  
          mobilehome residents are entitled to quiet enjoyment of their  
          property and park owners are obligated to preserve that quiet  
          enjoyment.  Originally limited to protecting a lessee against  
          physical interference, the right to quiet enjoyment has been  
          expanded to protect "the tenant against any act or omission on  
          the part of the landlord, or anyone claiming under him, which  
          interferes with a tenant's right to use and enjoy the premises  








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          for the purposes contemplated by the tenancy."  (Petroleum  
          Collections Inc. v. Swords (1975) 48 Cal.App.3d 841, 846.)  The  
          Court of Appeal, Second Appellate District, noted in Andrews v.  
          Mobile Aire Estates (2005) 125 Cal.App.4th 578, 590, that "[t]he  
          perpetrator of the interference with the tenant's quiet  
          enjoyment need not be the landlord personally. There may be an  
          actionable breach where the interference is caused by a neighbor  
          or tenant claiming under the landlord."  The Andrews court  
          further noted that "while the MRL limits the eviction rights of  
          mobilehome park owners, it expressly preserves the park owners'  
          ability to secure the quiet enjoyment of mobilehome park tenants  
          by authorizing park owners to pursue eviction or injunctive  
          relief against offending tenants."  (Id. at 592.)

          Under current law, until January 1, 2016, a petition by park  
          management for an order enjoining a continuing or recurring  
          violation of a reasonable rule or regulation of a mobilehome  
          park may be filed as a limited civil action in the superior  
          court of the county in which the mobilehome park is located.   
          This bill would remove the January 1, 2016, sunset date, thus  
          extending indefinitely this authority to seek injunctive relief  
          within the limited jurisdiction of the superior court.

                                CHANGES TO EXISTING LAW
           
           Existing law  , the Mobilehome Residency Law, governs the  
          relationship between park owners or managers and the residents  
          in mobilehome parks and manufactured housing communities.  (Civ.  
          Code Sec. 798 et seq.)

           Existing law  states that a mobilehome tenancy shall be  
          terminated by the management for, among other reasons:
           conduct by the homeowner or resident, upon the park premises,  
            that constitutes a substantial annoyance to other homeowners  
            or residents; or
           failure of the homeowner or resident to comply with a  
            reasonable rule or regulation of the park that is part of the  
            rental agreement or any amendment thereto.  (Civ. Code Sec.  
            798.56.)

           Existing law  provides that, in addition to other rights 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 follows:
           until January 1, 2016, a petition for an order enjoining a  







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            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; and
           after January 1, 2016, 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 of the county in which the  
            mobilehome park is located.  (Civ. Code Sec. 798.88 (a) and  
            (b).)

           Existing law  provides that at the time of filing the petition,  
          the petitioner may obtain a temporary restraining order, 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.  (Civ. Code Sec. 798.88 (b).)
           Existing law  provides that a temporary restraining order shall  
          be personally served upon the respondent homeowner or resident  
          with the petition for injunction and the notice of hearing.  The  
          restraining order shall remain in effect for a period not to  
          exceed 15 days, except as modified or limited by the court.   
          (Civ. Code Sec. 798.88 (c).)

           Existing law  specifies that a hearing shall be held within 15  
          days of filing the petition for an injunction.  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, but not more than three  
          months prior to its expiration the management may petition 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.  (Civ. Code Sec. 798.88 (d) and (e).)

           This bill  would strike the January 1, 2016, sunset date attached  
          to the authorization to 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, thus extending this provision  







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          indefinitely.

                                        COMMENT
           
           1.Stated need for the bill
           
            The author writes:

            AB 2272 (Wagner, Ch. 99, Stats, 2012), until January 1, 2016,  
            [permits] the management to file a petition for an order to  
            enjoin violations within the limited jurisdiction of the  
            superior court of the county in which the mobilehome community  
            is located. . . . Without new legislation mobile home park  
            owners will be unable to utilize injunctions to enforce the  
            rules of the park.

            SB 244 will remove the sunset date thereby allowing mobile  
            home park owners to continue using this tool in enforcing the  
            rules of the park instead of having to resort to the eviction  
            process.

            Prior to the enactment of AB 2272 park owners had few options  
            available to deal with residents that were not following the  
            park rules and engaging in disruptive behavior.  If the  
            disruptive behavior became . . . a problem park owners were  
            only able to utilize the eviction process[,] which was  
            burdensome to park owners, [the] evicted resident, and the  
            entire mobile home park community.



           2.Limited vs. Unlimited Civil Cases
           
          Civil cases are generally classified as either "limited" or  
          "unlimited" based upon the amount in controversy and whether the  
          relief sought is a type that may jurisdictionally be granted in  
          a limited civil case.  Generally, in a limited civil case, the  
          amount in controversy may not exceed $25,000, and the court  
          cannot grant permanent injunctions (except as otherwise  
          authorized), determine title to real property, or provide  
          declaratory relief.  Filing fees are also lower in limited civil  
          cases - for example, in San Francisco County, the filing fee for  
          a complaint in an unlimited civil case is $450 while the filing  
          fee for a limited civil complaint may be as low as $225.    
          Limited cases also differ in various procedural ways - for  







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          example, an answer to a verified complaint in a limited civil  
          case need not be verified.  (See Code Civ. Proc. Sec. 92.)   
          Prior to the enactment of AB 2272 (Wagner, Ch. 99, Stats. 2012),  
          then-existing law required petitions to enjoin continuing or  
          recurring violations of the rules or regulations of a mobilehome  
          park to be filed as unlimited civil cases.  This bill would  
          extend indefinitely the current authorization for mobilehome  
          park management to file these petitions within the "limited"  
          jurisdiction of the superior court.

          By lowering the cost and effort required to secure an injunction  
          through a limited civil proceeding, the existing authorization  
          helps ensure that petitions for injunctions are not more  
          burdensome and costly than the comparatively more intrusive  
          remedy of eviction.  A letter from Terry Dowdall, an attorney in  
          Orange County, on the effectiveness of AB 2272 makes this point,  
          stating:

            AB 2272 put injunctions on the same footing (costs,  
            convenience, efficiency) as evictions.  Previously, it was  
            easier and cheaper to evict! (than to keep the resident and  
            order compliance with the rules).  Since eviction actions are  
            tried in limited jurisdiction courts, speed, convenience and  
            cost continue to attract the park management.  So, the same  
            speed and convenience should continue to be provided for the  
            much less harsh remedy of no more than an order to behave.   
            This encourages enforcement of rules instead of eviction.   
            This avoids the resident's parade of horribles which always  
            follow mobilehome tenancy termination (e.g. housing  
            dislocation, removal or sale of the home, uprooting of family,  
            fall in credit rating).

          From a policy standpoint, existing law should arguably not  
          encourage an action for eviction, which may leave a resident  
          without affordable housing, if an injunction would equally  
          resolve the issue and not force the resident to leave his or her  
          home.

          It should be noted that the distinction between "limited" and  
          "unlimited" civil cases is a result of the unification of the  
          trial courts.  Prior to unification, each county had a superior  
          court and one or more municipal courts.  The California Law  
          Revision Commission's 2001 report on procedural differences  
          between the two types of cases noted that "the term 'limited  
          civil case' was introduced to refer to civil actions  







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          traditionally within the jurisdiction of the municipal court,  
          and the term 'unlimited civil case' was introduced to refer to  
          civil actions traditionally within the jurisdiction of the  
          superior court.  Provisions prescribing municipal court  
          procedures were revised to apply to limited civil cases;  
          provisions prescribing traditional superior court procedures  
          were revised to apply to unlimited civil cases." (Unnecessary  
          Procedural Differences Between Limited and Unlimited Civil Cases  
          (Feb. 2001) Vol. 30 California Law Revision Commission Report  
          (2001) p. 448.)

           3.Experience Under AB 2272
           
          When AB 2272 was heard by this Committee in 2012, the bill  
          analysis stated:

            In order to allow the Legislature (and this Committee) to  
            reevaluate this provision in the near future, the bill  
            includes a sunset date of January 1, 2016.  This three-year  
            sunset will arguably provide the Committee with the  
            opportunity to reevaluate this bill to ensure that the stated  
            goal of "encourag[ing] a parkowner to pursue a lesser remedy  
            against a resident of a mobilehome park instead of eviction"  
            is actually reached without negative unintended consequences.

          Since the time AB 2272 entered into force in 2013, the Committee  
          has not received any information suggesting that allowing  
          mobilehome park managers to pursue injunctive relief through the  
          limited civil jurisdiction of the superior courts has had any  
          unintended consequences.  To the contrary, a letter from Terry  
          Dowdall, an attorney in Orange County, recounts several  
          instances where mobilehome park tenancies were spared by  
          court-ordered injunctions and the more drastic remedy of  
          eviction was avoided.  One such example from Mr. Dowdall states  
          the following:

            In 2013, San Diego, a resident intentionally engaged in  
            conduct for the alleged express purpose of irritating her  
            neighbors.  She installed several wind-chimes and then  
            intentionally and frequently struck them to create more noise.  
             She allegedly constantly "beeped" her automobile horn with  
            her remote control key, for no reason.  She decorated a  
            portion of her driveway immediately adjacent to her neighbor's  
            bedroom window with indoor furniture and furnishings (couches,  
            end tables, statues, plants, etc.) to make it look like a  







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            living room, then sat there on the couch all day facing them  
            while singing loudly about them and everything she thought  
            about them in a sing-song voice so they could hear.  She  
            ignored notices from park [management].  She always timely  
            paid her rent and her home and space were otherwise  
            immaculate.  We demanded that she desist from the disturbing  
            conduct and conditions, all rule violations for which an  
            eviction action could be brought under the Mobilehome  
            Residency Law. . . . She finally complied.

          This and other examples provided to the Committee, and the lack  
          of any countervailing evidence, suggest that expanding limited  
          civil jurisdiction to include injunctive relief for continuing  
          or recurring violations of reasonable rules or regulations of a  
          mobilehome park seems to be working as intended.
           Support  :  None Known

           Opposition  :  None Known

                                        HISTORY
           
           Source  :  Western Manufactured Housing Communities Association

           Related Pending Legislation  :

          SB 419 (McGuire) would authorize the seller of a mobilehome to  
          display a "for sale" sign of a generally accepted yard-arm type  
          design and would require the management of a mobilehome park,  
          upon request, to provide in writing the information and  
          standards management will use to review a prospective homeowner  
          to prospective homeowners or the seller.  This bill is currently  
          in the Senate Judiciary Committee.

          AB 999 (Daly) would authorize the management of a mobilehome  
          park to dispose of a mobilehome left upon the premises by a  
          tenant or lienholder under specified circumstances.  This bill  
          would require the landlord, prior to disposing of the  
          mobilehome, to provide written notice to the tenant and owner,  
          and would conclusively presume, if the tenant or lienholder does  
          not respond to the notice on or before the date specified in the  
          notice, that the mobilehome is immediately subject to salvage,  
          demolition, removal, or other abatement.  This bill is currently  
          in the Assembly Judiciary Committee.

           Prior Legislation  :







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          AB 2272 (Wagner, Ch. 99, Stats. 2012) authorized, until January  
          1, 2016, the management of mobilehome parks to file petitions  
          for orders to enjoin violations of reasonable rules or  
          regulations of mobilehome parks within the limited jurisdiction  
          of the superior court.

          SB 459 (Lockyer, Ch. 270, Stats. 1991) authorized the management  
          of mobilehome parks to obtain injunctions for three years  
          against continuing or recurring violations of the reasonable  
          rules and regulations of the park.  This bill entitled the  
          management to an injunction upon showing such a violation by  
          clear and convincing evidence, and authorized the court to grant  
          a temporary order restraining the violation for up to 15 days  
          pending a hearing on the injunction.

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