Mobilehome Residency Law: civil action: physical improvements.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Judiciary
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill changes the Mobilehome Residency Law to address lawsuits related to physical improvements in mobilehome parks. Currently, homeowners must provide 30 days’ notice before filing a claim about maintenance issues. This bill allows park management to immediately dismiss a lawsuit if the alleged improvement isn't actually present in the park or under their control. If the dismissal is granted, the management can seek attorney’s fees, a $5,000 civil penalty, and other sanctions from the attorney who filed the lawsuit.
Key provisions
- Management can move to dismiss lawsuits alleging a missing or unmanaged physical improvement.
- The dismissal must be ‘with prejudice,’ preventing the lawsuit from being refiled.
- If a court grants a dismissal based on the absence of the improvement, the management can petition for attorney’s fees.
- Management can be awarded a $5,000 civil penalty for each dismissed claim.
- Other sanctions, as determined by the court, may be imposed.
- The bill does not apply to lawsuits involving personal injury or wrongful death.
- Requires a written notice to management detailing the basis of the claim and requested remedies.
- Allows for extension of time to commence action if notice is served within 30 days of the statute of limitations.
Who is affected
- Mobilehome park residents
- Mobilehome park management
- Mobilehome park owners
Bill text
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Sponsors
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6 on record
Primary sponsor
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