matthew bender's california forms of pleading & practice, mobilehomes and mobilehome parks, chapter...

8/2/2019 Matthew Bender's California Forms of Pleading & Practice, Mobilehomes and Mobilehome Parks, Chapter 369 (InDe

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Volume 32: Chapter 369Mobileshomes and Mobilehome ParksMatthew Benders Caliornia Forms o Pleading & PracticeJames Alan BushInDesign Edition


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Tis chapter also does not cover the law regarding actory-built housing, also called modular housing. Suchhousing units may sometimes be physically indistinguishable (except or lacking an undercarriage o axlesand wheels) rom mobilehomes; indeed, some manuacturers produce both products rom the same actory,and units that are mounted on running gear become mobilehomes. Te essential dierence is that actory-built housing is designed or installation on a permanent oundation, not to be moved once installed; and theLegislatures recognition o this dierence is maniest in the existence o separate laws [Health & Saety Code 18000 et seq.[Deerings] (Manuactured Housing Act o 1980), 18200 et seq.[Deerings] (Mobilehome ParksLaw), 19960 et seq.[Deerings] (Caliornia Factory-Built Housing Law)] that are mutually exclusive [see Health

& Saety Code 18008[Deerings], 18211[Deerings], 19971[Deerings]; see also 42 U.S.C. 5403() (excludingmodular housing rom coverage o National Mobile Home Construction and Saety Standards Act o 1974)].

369.02 C R

For discussion o, and orms or use in, actions and proceedings arising rom administrative acts, seeCh. 358, Mandate and Prohibition, and Ch. 470, Overview o Public Administrative Law through Ch. 474C,Procedures in Reviewing Agency Decisions.

For discussion o, and orms or use in, actions and proceedings arising rom credit transactions, see Ch.8, Accounts Stated and Open Accounts, Ch. 60, Assignments, Ch. 62, Attachment, Ch. 107, Cancellation oInstruments, Ch. 127, Consumer Contracts and Loans, Ch. 140, Contracts, Ch. 213, Documents o itle,

Ch. 215, Duress, Menace, Fraud, Undue Inuence, and Mistake, Ch. 270, Fraudulent Conveyances, Ch. 276,Garnishment, Ch. 307, Insolvency, Ch. 342, Liens and Wage Preerences, Ch. 361, Mechanics Liens, Ch. 385,Negotiable Instruments, Ch. 490, Rescission and Restitution, Ch. 500, Sales: Sales Under the Commercial Code,Ch. 555, rust Deeds and Real Property Mortgages, and Ch. 568, Usury.

For discussion o, and orms or use in, actions and proceedings arising rom the exercise o civil rights, seeCh. 59, Assemblies, Meetings, and Demonstrations, Chs. 112- 117A, Civil Rights, Ch. 126, Conspiracy, and Ch.184, Deeds, 184.60 et seq.

For discussion o, and orms or use in, actions and proceedings arising rom improvement o land, see Ch.11, Adjoining Landowners, Ch. 56, Architects, Ch. 104, Building Contracts, and Ch. 361, Mechanics Liens.

For discussion o, and orms or use in, actions and proceedings arising rom interests in land, see Ch. 13,

Adverse Possession, Ch. 183, Dedication, Ch. 184, Deeds, Ch. 240, Easements, Ch. 241, Ejectment, Ch. 247,Eminent Domain, Ch. 253, Escrows, Ch. 331, Landlord and enant: Creating the enancy, Ch. 333, Landlord andenant: Eviction Actions, Ch. 441, Probate: Disposition Without Administration, Ch. 482, Quieting itle, Ch.528, Specic Perormance, Ch. 530, Statute o Frauds, Ch. 540, axes and Assessments, Ch. 548, itle Insurance,and Ch. 569, Vendor and Purchaser.

For discussion o, and orms or use in, actions and proceedings arising rom liability to pay money, see Ch.254, Executions and Enorcement o Judgments, Ch. 276, Garnishment, Ch. 300, Indemnity and Contribution,Ch. 307, Insolvency, Ch. 314, Interpleader, Ch. 427, Principal and Agent, Ch. 486, Receivers, Ch. 520, Settlementand Release, Ch. 536, Subrogation, and Ch. 538, Suretyship, Bonds, and Undertakings.

For discussion o, and orms or use in, actions and proceedings arising rom loss o injury to personal

property, see Ch. 10, Act o God, Ch. 93, Bailments, Ch. 109, Carriers, Ch. 119, Claim and Delivery, Ch. 150,Conversion, Ch. 267, Fires, and Ch. 308, Insurance.

For discussion o, and orms or use in, actions and proceedings arising rom personal injury or wronguldeath, see Ch. 10, Act o God, Ch. 23, Animals: Civil Liability, Ch. 58, Assault and Battery, Ch. 181, Death andSurvival Actions, Ch. 334, Landlord and enant: Claims or Damages, Ch. 362, Mental Suering and EmotionalDistress, Ch. 380, Negligence, and Ch. 460, Products Liability.

For discussion o, and orms or use in, actions and proceedings arising rom sales o goods, see Ch. 14,Advertising, Ch. 77, Auctions and Auctioneers, Ch. 103, Brokers, Ch. 215, Duress, Menace, Fraud, UndueInuence, and Mistake, Ch. 253, Escrows, Ch. 490, Rescission and Restitution, Ch. 500, Sales: Sales Under the


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Commercial Code, Ch. 530, Statute o Frauds, and Ch. 565, Unair Competition.

For discussion and orms relating to the termination o tenancies in mobilehome parks and recreationalvehicle parks, see Ch. 332, Landlord and enant: Te enancy. Unlawul detainer actions are covered in Ch. 333,Landlord and enant: Eviction Actions, and claims or damages in the landlord-tenant context are covered in Ch.334, Landlord and enant: Claims or Damages. Rent control is discussed in Ch. 335, Landlord and enant: RentControl.

For discussion o, and orms or use in, actions and proceedings arising rom the use o land, see Ch. 11,

Adjoining Landowners, Ch. 101, Boundaries, Ch. 266, Fences, Ch. 332, Landlord and enant: Te enancy,Ch. 391, Nuisance, Ch. 418, Pollution and Environmental Matters, Ch. 421, Premises Liability, Ch. 464, PublicEntities and Ocers: Caliornia ort Claims Act, Ch. 525, Slip and Fall, Ch. 550, respass, and Ch. 579, Zoningand Planning.

369.03 [R]

369.04 [R]

369.05 [R]

369.06 [R]

369.07 [R]

369.08 [R]

369.09 [R]


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PART II. LEGAL BACKGROUND

A. Governing Laws, Deinitions, and Actions and Proceedings

369.10 G L

Principal laws regarding mobilehomes and mobilehome parks include the ollowing:

Te National Manuactured Home Construction and Saety Standards Act o 1974 [42 U.S.C. 5401 etseq.] and implementing regulations [24 C.F.R. Parts 3280, 3282];

Te Manuactured Housing Act o 1980 [Health & Saety Code 18000 et seq. (Deerings)] and imple-menting regulations [25 Cal. Code Reg. 4000 et seq.];

Te Mobilehome Parks Act [Health & Saety Code 18200 et seq. (Deerings)] and implementing regula-tions [25 Cal. Code Reg. 1000 et seq.];

Te Mobilehome Residency Law [Civ. Code 798 et seq. (Deerings)]; and,

Provisions regarding mobilehome warranties [Civ. Code 1797 et seq. (Deerings)].

369.11 Df

[1] Mobilehome

[a] Common Usage

Mobilehome has any o several meanings, depending on what law is being cited [see [b][h],below]. In common usage it means a trailer that is used as a permanent dwelling, is usually connectedto utilities, and is designed without a permanent oundation [Websters (8th ed.) New CollegiateDictionary (1977)].

[b] National Manuactured Home Construction and Saety Standards Act o 1974

In the National Manuactured Home Construction and Saety Standards Act o 1974 [42 U.S.C. 5401 et seq.] and implementing regulations [24 C.F.R. Parts 3280, 3282], mobilehome (spelled mobilehome) means a structure, transportable in one or more sections, which is eight body eet or more inwidth and is 32 body eet or more in length, and which is built on a permanent chassis and designed to

be used as a dwelling unit, with or without a permanent oundation, when connected to the requiredutilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein[42 U.S.C. 5402]. Dwelling unit means one or more habitable rooms that are designed to be occupiedby one amily with acilities or living, sleeping, cooking, and eating [24 C.F.R. 3280.2].

Mobilehome does not include a structure (commonly called a modular house) (1) designed onlyor erection or installation on a site-built permanent oundation; (2) designed not to be moved onceso erected or installed; (3) designed and manuactured to comply with appropriate national, state, orlocal standards; (4) not intended, to the manuacturers knowledge, to be used other than on a site-builtpermanent oundation [see 42 U.S.C. 5403(h)].

[c] Manuactured Housing Act o 1980; Mobilehome Parks Act; Miscellaneous Laws

Te Mobilehome Parks Act [Health & Saety Code 18200 et seq. (Deerings)] and its implementingregulations [25 Cal. Code. Reg. 1000 et seq.] apply the denitions o manuactured housing andmobilehomes set orth in the Manuactured Housing Act [Health & Saety Code 18000 et seq.(Deerings)]. In 2007, the Legislature amended the Manuactured Housing Act to clariy the distinctionsbetween mobilehomes and manuactured housing [see Health & Saety Code 18000(b)(4) (Deerings)](changes to Act clariying meaning o terms mobilehomes and manuactured homes not intendedto eect any substantive change with respect to the treatment o those housing products or to theconsumer protections provided or those housing products)]. Te Legislature declared that all single-amily actory-constructed housing built on or afer June 15, 1976, that is in compliance with thestandards o the United States Department o Housing and Urban Development promulgated under


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the Federal National Manuactured Housing Construction and Saety Standards Act o 1974 [42 U.S.C. 5401 et seq.] is manuactured housing or manuactured homes, not mobilehomes [Health & SaetyCode 18000(b) (Deerings)]. However, i any codied provision o state law, by its context, requires thatthe term mobilehome applies to mobilehomes or manuactured homes without regard to the date oconstruction, the codied provision will apply to both mobilehomes, as dened under Health & SaetyCode 18008(a) [Deerings], and manuactured homes, as dened under Health & Saety Code 18007[Deerings] [Health & Saety Code 18008(b) (Deerings)].

Under the Manuactured Housing Act, mobilehome means a structure that was constructedprior to June 15, 1976 [Health & Saety Code 18008 (Deerings)] and meets the requirements or amanuactured home set orth in Health & Saety Code 18007 [Deerings]. Mobilehome does notinclude a commercial modular [see Health & Saety Code 18001.8 (Deerings)], actory-built housing[see Health & Saety Code 19971 (Deerings)], a manuactured home [see Health & Saety Code 18007 (Deerings)], a multiamily manuactured home [see Health & Saety Code 18008.7 (Deerings)],or a recreational vehicle [see Health & Saety Code 18010 [Deerings]; Health & Saety Code 18008(a) (Deerings)].

Manuactured home means a structure that was constructed on or afer June 15, 1976, istransportable in one or more sections, is eight body eet or more in width, or 40 body eet or morein length, in the traveling mode, or, when erected on site, is 320 or more square eet, is built on a

permanent chassis and designed to be used as a single-amily dwelling with or without a oundationwhen connected to the required utilities, and includes the plumbing, heating, air conditioning, andelectrical systems contained therein [Health & Saety Code 18007 (Deerings)]. Manuactured homeincludes any structure that meets all o the requirements except the size requirements and with respectto which the manuacturer voluntarily les a certication and complies with the standards establishedunder the National Manuactured Housing Construction and Saety Act o 1974 [Health & Saety Code 18007 [Deerings]; see [b], above].

For the most part, provisions o law applicable to manuactured homes also apply equally tomultiunit manuactured homes [see Health & Saety Code 18008.7(c)[Deerings]; see also Health &Saety Code 18008.7(a) [Deerings] (multiunit manuactured home dened); Health & Saety Code

18008.7(d)(3) [Deerings] (multiunit manuactured housing has the same meaning as multiamilymanuactured home)].

Recreational vehicle means a motorhome, travel trailer, truck camper, or camping trailer, with orwithout motive power, designed or human habitation or recreational or emergency occupancy, thatmeets designated criteria or size, chassis, and other characteristics [see Health & Saety Code 18010[Deerings] (Manuactured Housing Act o 1980), 18285.5 (Mobilehome Parks Act)]. Recreationalvehicle also means a park trailer, which is a trailer designed or human habitation or recreational orseasonal use only that meets designated criteria or size, chassis, and other characteristics [Health &Saety Code 18009.3 [Deerings], 18010 (Deerings)]. Standards and requirements or the constructionand maintenance o special occupancy parks such as recreational vehicle parks are set orth in the

Special Occupancy Park Act [Health & Saety Code 18860 et seq. [Deerings]; 25 Cal. Code Reg. 2000et seq. (implementing regulations)]. A commercial coach or commercial modular means a structuretransportable in one or more sections, designed and equipped or human occupancy or industrial,proessional, or commercial purposes and includes a trailer coach [Health & Saety Code 18001.8[Deerings], 18012.5 [Deerings], 18218 (Deerings)].

Tis also is the meaning o mobilehome in the ollowing laws (and implementing regulations, iany):

Te Contractors State License Law, Bus. & Pro. Code 7000 et seq. [Deerings] [Bus. & Pro.Code 7027 (Deerings)];

Rev. & ax. Code 5800-5842 [Deerings], concerning local property taxation o mobilehomes;


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Rev. & ax. Code 6012.8(b) [Deerings], 6012.9(b) [Deerings], and 6379 [Deerings], concern-ing sales and use taxes; and,

Rev. & ax. Code 10759.5 [Deerings] and 10785 [Deerings], concerning vehicle license ees.

[d] Mobilehome Warranties Law

In the mobilehome warranties law [Civ. Code 1797 et seq. (Deerings)], mobilehome andmanuactured home are dened in accordance with Health & Saety Code 18007 [Deerings] and18008 [Deerings], discussed in [c], above.

[e] Mobilehome Residency Law

In the Mobilehome Residency Law [Civ. Code 798 et seq. (Deerings)], mobilehome means astructure designed or human habitation and or being moved on a street or highway under a permit[Civ. Code 798.3 [Deerings]; see 369.40]. Mobilehome includes a manuactured home, as denedin Health & Saety Code 18007 [Deerings], and a mobilehome as dened in Health & SaetyCode 18008 [Deerings]. Mobilehome generally does not include a recreational vehicle as denedin Health & Saety Code 18010 [Deerings] or a commercial coach as dened in Health & SaetyCode 18218 [Deerings] [Civ. Code 798.3(a) (Deerings)]. Mobilehome does include any traileror other recreational vehicle o any type dened in Health & Saety Code 18010 [Deerings] (excepta motor home, truck camper, or camping trailer) that is used or human habitation, i the trailer or

other recreational vehicle occupied a mobilehome site in a mobilehome park either (1) on November15, 1992, under a rental agreement with a term o one month or longer, and beore 1991 [Civ. Code 798.3(b)(1) (Deerings)], or (2) or nine or more months continuously beginning on or afer November15, 1992 [Civ. Code 798.3(b)(2) (Deerings)]. However, mobilehome does not include a trailer orother recreational vehicle located in a recreational vehicle park subject to the Recreational Vehicle ParkOccupancy Law [Civ. Code 799.20 et seq. (Deerings)].

[] Real Estate Law

In Bus. & Pro. Code 10130 et seq.[Deerings] (real estate law), manuactured home means astructure as dened in Health & Saety Code 18007 [Deerings] and mobilehome means a structureas dened in Health & Saety Code 18008 [Deerings]. Manuactured home and mobilehome do

not include recreational vehicles as dened in Health & Saety Code 18010 [Deerings], a commercialmodular, as dened in Health & Saety Code 18001.8 [Deerings], or actory built housing as denedin Health & Saety Code 19971 [Deerings] [Bus. & Pro. Code 10131.6(c) (Deerings)].

[g] Vehicle Code

As used in the Vehicle Code, a mobilehome is a structure as dened in Health & Saety Code 18008 [Deerings] [see 369.11[1][c]]. For the purposes o enorcing highway saety laws andregulations, a mobilehome is a trailer coach that is in excess o 102 inches in width, or in excess o 40eet in overall length measured rom the oremost point o the trailer hitch to the rear extremity o thetrailer [Veh. Code 396 (Deerings)].

railer coach means a vehicle, other than a motor vehicle, designed or human habitation, orhuman occupancy or industrial, proessional, or commercial purposes, or carrying property on itsown structure, and or being drawn by a motor vehicle, and includes a park trailer [Veh. Code 635(Deerings)]; vehicle means a device by which any person or property may be propelled, moved, ordrawn on a highway, excepting a device moved exclusively by human power or used exclusively onstationary rails or tracks [Veh. Code 670 (Deerings)]; and motor vehicle means a vehicle that issel-propelled and that is not a sel-propelled wheelchair, motorized tricycle, or motorized quadricycleoperated by a person who, by reason o physical disability, is otherwise unable to move about as apedestrian [Veh. Code 415 (Deerings)].


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[h] Veterans Farm and Home Purchase Act o 1943

In the Veterans Farm and Home Purchase Act o 1943 [Mil. & Vet. Code 985 et seq. (Deerings)],mobilehome means a parcel o real estate, or an undivided interest in common in a portion o a parcelo real estate, on which is situated a mobilehome that will, in the opinion o the Department o VeteransAairs, suit the needs o the purchaser and his or her dependents as a place o abode and meet allrequirements o local governmental jurisdictions [Mil. & Vet. Code 985(k) (Deerings)].

[2] Mobilehome Park

[a] Mobilehome Parks Act

In the Mobilehome Parks Act [Health & Saety Code 18200 et seq. (Deerings)] and implementingregulations [25 Cal. Code Reg. 1000 et seq.], mobilehome park means an area or tract o land wheretwo or more mobilehome lots are rented or leased, or were ormerly held out or rent or lease andlater converted to a subdivision, cooperative, condominium, or other orm o resident ownership, toaccommodate manuactured homes, mobilehomes, or recreational vehicles used or human habitation[Health & Saety Code 18214(a) (Deerings)].

[b] Mobilehome Residency Law

In the Mobilehome Residency Law [Civ. Code 798 et seq. (Deerings)], mobilehome park meansan area o land where two or more mobilehome sites are rented, or held out or rent, to accommodatemobilehomes [see [1][e], above] used or human habitation [Civ. Code 798.4 (Deerings)].

[3] Mobilehome Accessory Building or Structure

In the Mobilehome Parks Act [Health & Saety Code 18200 et seq. (Deerings)] and implementingregulations [25 Cal. Code Reg. 1000 et seq.], mobilehome accessory building or structure means anyawning, cabana, ramada, storage cabinet, storage building, garage, carport, ence, windbreak or porch,or any residential building or structures established or the use o the occupant o a manuactured home,mobilehome, or recreational vehicle on a lot [Health & Saety Code 18213 [Deerings]; see 25 Cal. CodeReg. 1002 (denitions o awning, cabana, ramada, storage cabinet, storage building, garage, carport, ence,windbreak, and porch)].

[4] Enorcement AgencyEnorcement agency is used in the Mobilehome Parks Act [Health & Saety Code 18200 et seq.

(Deerings)] and implementing regulations [25 Cal. Code Reg. 1000 et seq.] to mean the ollowing:

Regarding mobilehomes [see [1], above] and mobilehome accessory buildings and structures locatedoutside a mobilehome park [see [3], above], either the city or county having jurisdiction over the area wherethe mobilehome or accessory building or structure is located, or the Department o Housing and CommunityDevelopment (DHCD) i the city or county ails to act [see Health & Saety Code 18207 [Deerings],18300(d) [Deerings], () [Deerings]]; and,

Regarding mobilehome parks and the mobilehomes, accessory buildings and structures, and otherbuildings and structures in mobilehome parks, either (1) the city or county where the mobilehome park is

located, i it has assumed enorcement responsibility under Health & Saety Code 18300 [Deerings], or theDHCD i the city or county ails to act; or (2) the DHCD, i the city or county where the mobilehome park islocated has not assumed or has canceled its assumption o enorcement responsibility [see Health & SaetyCode 18207 [Deerings], 18300 [Deerings]].

Te Department may delegate its enorcement authority to a local building department or healthdepartment o any city, county, or city and county, i (1) the delegation is necessary to provide prompt andeective recovery assistance or services during or immediately ollowing a disaster declared by the Governor,(2) the local building or health department requests the authority and that request is approved by thegoverning body having jurisdiction over the local building or health department, and (3) the Departmenthas determined that the local building department or health department possesses the knowledge and


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expertise necessary to administer the delegated responsibilities [Health & Saety Code 18307(a) (Deerings)]Te delegation o authority may be limited to specic geographic areas or specic mobilehome parks orrecreational vehicle parks at the Departments sole discretion [Health & Saety Code 18307(b) (Deerings)].Te delegation is limited to a time period to be established by the Department, not to exceed 60 days [Health& Saety Code 18307(b) (Deerings)].

[5] Legal Owner

Te term legal owner as used in the Manuactured Housing Act o 1980 [Health & Saety Code

18000 et seq. (Deerings)] means a person holding a security interest in a manuactured home, mobilehome,commercial coach, oating home, or truck camper perected by ling the appropriate documents with theDepartment o Housing and Community Development in accordance with Health & Saety Code 18080.7[Deerings] i the person is entitled to the designation, as provided in Health & Saety Code 18085-18093.5[Deerings], relating to applications or original registration and title, or Health & Saety Code 18098-18106[Deerings], relating to amendments, transers, and transactions [Health & Saety Code 18005.8 (Deerings)].

A lien created under Health & Saety Code 18080.9 [Deerings] (lien o mobilehome park owner orunpaid rent) is not a security interest or purposes o the denition o legal owner [Health & Saety Code 18005.8 (Deerings)].

[6] Registered Owner

Te term registered owner as used in the Manuactured Housing Act o 1980 [Health & Saety Code 18000 et seq. (Deerings)] means a person registered by the Department o Housing and CommunityDevelopment as the owner o a manuactured home, mobilehome, commercial coach, or truck camper[Health & Saety Code 18009.5 (Deerings)].

[7] Mobilehome Owner

Te term mobilehome owner or mobilehome owners as used in the Mobilehome Parks Act [Health &Saety Code 18200 et seq. (Deerings)] means the occupant o the manuactured home or mobilehome, orthe registered owner o the manuactured home or mobilehome, i dierent rom the occupant [Health &Saety Code 18400.4 (Deerings)].

369.12 A P[1] Availability o Actions, Generally

Using trailers as permanent residences instead o alternatives to hotels and motels did not begin to gainwide acceptance until the 1950s, when manuacturers started producing mobilehomes. Te concept o amobilehome was introduced in Caliornia law in 1961 when statutes governing trailer coaches and auto trailercamps were replaced with statutes governing mobilehomes and mobilehome parks [see 1955 Stats., ch. 91, 2; 1961 Stats., ch. 2176, 2]. Te things that ormerly were called trailers are now called recreational vehicles[see Health & Saety Code 18010 (Deerings)].

Many o the possible kinds o actions and proceedings involving mobilehomes and mobilehome parks arenot ully represented in reported Caliornia cases. Tese include the ollowing:

Actions or damages or personal injury or wrongul death;

Actions or damages and/or restitution based on breach o warranty;

Actions or damages based on products liability; and

Actions or abatement o nuisance, and administrative mandate proceedings or review o regulatorylaw enorcement by responsible agencies.

Tis chapter contains a orm o complaint or damages based on breach o the warranty prescribedby the mobilehome warranties law [Civ. Code 1797-1797.7 [Deerings]; see 369.140]. As or theother actions and proceedings mentioned, the act that a mobilehome or mobilehome park is involvedwould not make the action or proceeding specially dierent rom one involving any other item o


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personal property or type o real property. Forms or general use illustrated in other chapters in thisset [see 369.02] may be used.

[2] Manuactured Home Recovery Fund

Te Manuactured Home Recovery Fund provides or reimbursement o the actual and direct loss opersons who purchased or sold a manuactured home and obtained a nal judgment against a manuacturedhome manuacturer or dealer, or a salesperson or other seller or purchaser, or an administrativedetermination against a bankrupt person or entity on the grounds o ailure to honor a warranty, raud, willul

misrepresentation, conversion, willul violation o any provision o the Manuactured Housing Act [Health& Saety Code 18000 et seq. (Deerings)], or regulations adopted pursuant to the Act, or the provisionsgoverning mobilehome warranties set orth in Civ. Code 1797 et seq. [Deerings] [Health & Saety Code 18070.3(a) [Deerings], (b) (Deerings)]. Te total claim may not exceed the unreimbursed actual loss, andthe total payment relating to a single transaction may not exceed $75,000 [Health & Saety Code 18070.3(c)(Deerings)].

Beore making a claim, the claimant must have diligently pursued collection eorts against all assets othe judgment debtor, established that he or she is judgment proo, or have provided evidence that the costso collection are likely to be in excess o the amounts that could be collected. Tis evidence may include(1) a description o the searches and inquiries conducted by or on behal o the claimant with regard to the

judgment debtors assets liable to be sold or applied to the judgments satisaction, (2) an itemized valuationo the assets discovered, and (3) the results o actions by the claimant to have assets applied to satisy thejudgment [Health & Saety Code 18070.3(d)(1) (Deerings)]. I the claim is not based on a nal judgment,the claimant must present evidence that either (1) the licensee is or has been the subject o bankruptcyproceedings and has assigned to the department any interest in the actual and direct loss in the amountthat the claimant recovers rom the und, or (2) the claim is consistent with the Act and the claimant hadpresented evidence that the debtor is judgment proo or that the costs o collection are likely to be in excess othe amounts that could be collected [Health & Saety Code 18070.3(d)(2) (Deerings)]. I the claim is basedon a violation o a provision within a warranty [see Civ. Code 1797 et seq. (Deerings)], the claimant mustprovide evidence that he or she has been denied ull compensation or correction under the warranty [Health& Saety Code 18070.3(d)(3) (Deerings)].

A claim based on a nal judgment must be led with the Department o Housing and CommunityDevelopment within two years o the date o the judgment [Health & Saety Code 18070.3(e)(1)(Deerings)]. I the claim is not based on a nal judgment, the claim must be led within two years romthe termination o bankruptcy proceedings or two years rom the date o sale [see Health & Saety Code 18070.2(a) [Deerings] (determining sale date)], or within two years o discovery o the violations causingactual and direct losses pursuant to the Act, but no longer than ve years afer the date o sale, whicheverevent occurs later [Health & Saety Code 18070.3(e)(2) (Deerings)].

[3] Negligence Actions

Laws governing mobilehomes and mobilehome parks [see 369.10] establish numerous standards andpermit requirements or manuacturing, selling, renting, installing, using, and occupying mobilehomes,

or locating, constructing, and operating mobilehome parks, and or locating, constructing, and usingmobilehome accessory buildings and structures, and or moving large mobilehomes on streets and highways.

Tese standards and permit requirements are signicant in any case involving negligence, because theailure o a person to exercise due care is presumed i the ollowing requirements are met [Evid. Code 669(a)(Deerings)]:

Te person violated a statute, ordinance, or regulation o a public entity;

Te violation proximately caused death or injury to person or property;

Te death or injury resulted rom an occurrence the nature o which the statute, ordinance, or


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regulation was designed to prevent; and,

Te person suering the death or the injury to person or property was one o the class o persons orwhose protection the statute, ordinance, or regulation was adopted.

Tis presumption aects the burden o proo [Evid. Code 660 (Deerings)]. It is a rebuttable presumption[Evid. Code 601[Deerings]; see Evid. Code 669(b) [Deerings], discussed below]. Te eect o thepresumption is to impose on the party against whom it operates the person who violated the statute,ordinance, or regulation the burden o proo as to the nonexistence o the presumed act (that is, the burden

o proving no ailure to exercise due care) [Evid. Code 606 (Deerings)].Te presumption o ailure to exercise due care may be rebutted (that is, the burden o proving no ailure

to exercise due care insoar as the violation is concerned may be carried) by proo that the person violatingthe statute, ordinance, or regulation did what might reasonably be expected o a person o ordinary prudence,acting under similar circumstances, who desired to comply with the law [Evid. Code 669(b)(1) (Deerings)].(Tere is also a prescribed method o rebuttal when the violator is a child that is, a minor which is notapplicable here [see Evid. Code 669(b)(2) (Deerings)].)

I the plainti proves the our acts listed in Evid. Code 669(a) [Deerings], above, the deendantsnegligence is established, as a matter o law, until and unless the deendant makes the proo required by Evid.Code 669(b)(1) [Deerings], above. I the deendant does make that proo, the eect is not exculpation o

the deendant but restoration o the plaintis original burden to prove that the deendant was negligent.Tis must be done, i at all, in the usual way o persuading the trier o act, on evidence, that the deendantdeparted rom the reasonable person standard.

Compliance with a prescribed standard is not a deense in a negligence action. Te deendant may havecomplied with an applicable standard but still may have departed rom the conduct o a reasonable personin the circumstances. Tereore, pleading compliance with a standard, in the orm o an armative deense,would be ineective and improper. Evidence o compliance is properly admissible in support o a denialo negligence (that is, to rebut the plaintis case-in-chie), since the trier o act may consider to whatextent compliance with an applicable standard is the measure o the conduct o a reasonable person in thecircumstances.

Accordingly, some statutes prescribing standards expressly state that compliance does not relieve a personrom liability at common law or under statute (or negligence) [see, e.g., 42 U.S.C. 5401 et seq. (NationalManuactured Home Construction and Saety Standards Act o 1974); 42 U.S.C. 5409(c); 15 U.S.C. 2051 etseq. (Consumer Product Saety Act o 1972); 15 U.S.C. 2074(a)].

For detailed coverage o negligence actions, including numerous complaints setting orth causes o actionin negligence, see Ch. 380, Negligence.

[4] Products Liability Actions

Te theory o products liability is that the distributor o a thing in the marketplace is liable (withoutany consideration o negligence or the conduct o a reasonable person in the circumstances) i the thing isdangerously deective that is, designed and/or made so as to be dangerous to human beings and the deect

proximately causes injury or death.

In a products liability action the principal issue is whether the thing in question was dangerouslydeective. I the thing is the subject o statutes or regulations prescribing standards o quality andworkmanship, such as a mobilehome [see 369.20], those standards dene conditions that are dangerouslydeective regarding aspects o the thing that are covered by the standard. For example, a mobilehome electricawiring system that does not meet or exceed applicable standards [see 24 C.F.R. 3280.801-3280.816] willprobably be considered dangerously deective i the condition o the system proximately causes injury or


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death [see Frumer & Friedman, Products Liability, 16A[4][i] (Matthew Bender)].

For detailed coverage o products liability generally, see Ch. 460, Products Liability.

[5] Breach o Warranty Actions

[a] ypes o Warranties

Standards o quality and workmanship or mobilehomes prescribed by law [see 369.20] may denethe scope o a warranty by the manuacturer or seller, other than express warranties made at the optiono the manuacturer or seller. Tere are three types o warranties that may cover a mobilehome:

Te implied warranty o merchantability [see [b], below];

Te implied warranty o tness or purpose [see [c], below]; and,

Certain statutory warranties [see [d], below].

[b] Implied Warranty o Merchantability

Unless excluded or modied pursuant to Com. Code 2316 [Deerings], a warranty that themobilehome is merchantable is implied in a contract o sale i the seller is a merchant with regard tomobilehomes [Com. Code 2314(1) (Deerings)]. Te minimum tests o merchantability are listedin Com. Code 2314(2) [Deerings]. By inerence rom some o the tests listed pass without objectionin the trade under the contract description and t or the ordinary purposes or which such goodsare used or instance as well as by deduction rom the act that nonconorming mobilehomes arelegally unsaleable, it is clear that a mobilehome not meeting or exceeding prescribed standards is notmerchantable. A manuacturer sells as a merchant [see Com. Code 2104(1) (Deerings)]; thereore,this warranty may exist in a sale by a manuacturer to a dealer. It also may exist in a sale by a dealer,whether the buyer is another dealer or a consumer. Te warranty does not exist when the seller is not amerchant with regard to mobilehomes.

[c] Implied Warranty o Fitness or Purpose

When the seller at the time o contracting has reason to know any particular purpose or whichthe mobilehome is required and that the buyer is relying on the sellers skill or judgment to selector urnish a suitable mobilehome, there is unless excluded or modied under Com. Code 2316[Deerings] an implied warranty that the mobilehome must be t or such purpose [see Com. Code 2315 (Deerings)]. Fitness or the buyers purpose may be measured by reerence to standards o qualityand workmanship prescribed by law, in the same way that a dangerous deect may be discovered orpurposes o products liability. Tat is, a mobilehome not meeting or exceeding prescribed standards isnot lawully saleable [see generally 369.30-369.34], and so is not t or the purpose o a buyer whobuys or resale (such as, a dealer). Also, a mobilehome not meeting or exceeding prescribed standards isnot lawully useable as a place o habitation [see 369.39], hence it is not t or the purpose o a buyerwho intends to live in it (such as, a consumer).

[d] Statutory Warranty

Manuacturers and dealers o mobilehomes [see 369.11[1][c]] are required by law to givebuyers a one-year warranty that the mobilehome is ree rom any substantial deects in materialsor workmanship [Civ. Code 1797.3(a) [Deerings]; see 369.33[4]]. Tere is no applicable specialdenition o substantial deects. Probably a mobilehome not meeting or exceeding prescribed standardswould not conorm to this warranty. On the other hand, since only minimum standards are prescribed,a mobilehome conorming to those standards is not necessarily ree rom substantial deects.

In retail sales o mobilehomes that is, sales by dealers to individuals who buy primarily or personal,amily, or household purposes, the oregoing warranties o merchantability and tness or purposearise under, and the buyers rights are governed by, the Song-Beverly Consumer Warranty Act [Civ.Code 1790-1795.7 (Deerings)]. Te warranties under this Act are the same as those that ariseunder the Commercial Code [see Civ. Code 1791.1 [Deerings], 1792-1792.2 (Deerings)], although


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the method o exclusion or modication is dierent [see Civ. Code 1792.4 (Deerings)], and thebuyer has the same rights and remedies under the Act as under the Commercial Code [see Civ. Code 1791.1(d) [Deerings]; Com. Code 2601-2616 [Deerings] (breach, repudiation, and excuse),2701-2725[Deerings] (remedies)]. In addition, a prevailing buyer is entitled to recover reasonable costsand attorneys ees and may recover a civil penalty equal to two times actual damages or willul breacho an express warranty [Civ. Code 1794(c) [Deerings] (penalty), (d) (costs and attorneys ees); seeroensegaard v. Silvercrest Industries, Inc. (1985) 175 Cal. App. 3d 218, 221, 226-228, 220 Cal. Rptr.712 (plainti may not recover both civil penalty under Civ. Code 1794(c)[Deerings] and punitive

damages under Civ. Code 3294[Deerings])]. Moreover, under the Song-Beverly Consumer WarrantyAct the implied warranty o merchantability also goes rom the manuacturer directly to the retail buyernotwithstanding intermediate sales rom manuacturer to dealer and/or rom wholesaler to retailer [seeCiv. Code 1792 (Deerings)].

For discussions o, and orms or use in, actions based on breach o warranty under the CommercialCode and the Song-Beverly Consumer Warranty Act, see Ch. 500, Sales: Sales Under the CommercialCode. For a orm o complaint or damages based on breach o the statutory warranty against substantiadeects, see 369.140.

It should be noted that motorhomes meeting the denition o a recreational vehicle are specicallyexcluded rom coverage by the Manuactured Housing Act and the Mobilehome Parks Act [see Health

& Saety Code 18008[Deerings], 18010[Deerings] (Manuactured Housing Act), 18211[Deerings],18285.5 (Mobilehome Parks Act); see also 369.11[1][c]]. Nevertheless, the so-called Lemon Lawrelating to manuacturers obligations to conorm new motor vehicles to express warranties [see Civ.Code 1793.22 (Deerings)] does apply to the chassis, chassis cab, and that portion o a motorhomedevoted to its propulsion, but not to any portion designed, used, or maintained primarily or humanhabitation [Civ. Code 1793.22(e)(2)[Deerings]; see Civ. Code 1793.22(e)(3)[Deerings] (deningmotorhome)]. Te Lemon Law is discussed in Ch. 91, Automobiles: Actions Involving Deects andRepairs, and in Ch. 502, Sales: Warranties.

[6] Attorneys Fees and Costs

In any action arising out o the provisions o the Mobilehome Residency Law [Civ. Code 798 et seq.

(Deerings)], the prevailing party is entitled to reasonable attorneys ees and costs. A party is a prevailingparty in this context i the judgment is rendered in his or her avor or when the litigation is dismissed in hisor her avor beore or during the trial, unless the parties otherwise agree in the settlement or compromise[Civ. Code 798.85 (Deerings)].

Attorneys ees and costs are recoverable by a prevailing buyer in actions under the Song-BeverlyConsumer Warranty Act [Civ. Code 1790 et seq.[Deerings]; see Civ. Code 1794(b) (Deerings)],and Health & Saety Code 18035(m)[Deerings] imposing an escrow requirement or dealer sales omobilehomes [see 369.33[2]].

[7] Penalties and Assured Minimum Damages

In the event a homeowner or ormer homeowner o a mobilehome park [see 369.11[2][b]] is theprevailing party in a civil action, including a small claims court action, against the owner o a mobilehomepark to enorce his or her rights under the Mobilehome Residency Law [Civ. Code 798 et seq. (Deerings)],the homeowner, in addition to damages aorded by law, may, in the courts discretion, be awarded an amountnot to exceed $2,000 or each willul violation by the management [Civ. Code 798.86(a) (Deerings)]. Teterm willul reers to intentional conduct undertaken with knowledge or consciousness o its probableresults. For purposes o imposing a penalty under 798.86[Deerings], willul conduct does not require apurpose or specic intent to bring about a result, but does require more than negligence or accidental conduct[Patarak v. Williams (2001) 91 Cal. App. 4th 826, 830, 111 Cal. Rptr. 2d 381 (penalty properly imposed onnding that landlord willully ailed to maintain septic system with knowledge or consciousness that it would


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probably ail with malodorous and unsanitary consequences)].

A prevailing homeowner may be awarded either the statutory penalty under Civ. Code 798.86[Deerings] or punitive damages under Civ. Code 3294[Deerings] [Civ. Code 798.86(b)(Deerings)]. Civ. Code 798.86 [Deerings] was amended by 2003 Stats., ch. 98 (AB 693) to eectivelyabrogate the holding in De Anza Santa Cruz Mobile Estates Homeowners Assn. v. De Anza Santa Cruz MobileEstates (2001) 94 Cal. App. 4th 890, 114 Cal. Rptr. 2d 708 that punitive damages could not be recovered inaddition to damages or willul violations under Civ. Code 798.86[Deerings].

A penalty payable to the injured party or assured minimum damages may also be recoverable in actionsunder the Consumers Legal Remedies Act [Civ. Code 1750 et seq.[Deerings]; see Civ. Code 1780(a)(1)[Deerings] (minimum total award o damages in class action as not to be less than $1,000)], the Song-BeverlyConsumer Warranty Act [Civ. Code 1790 et seq.[Deerings]; see Civ. Code 1794 [Deerings] (civil penaltyequal to two times actual damages, plus reasonable costs and attorneys ees, or willul violations)], andHealth & Saety Code 18035(i)[Deerings] imposing an escrow requirement or dealer sales o mobilehomes[see 369.33[2]].

A civil penalty may be exacted or violation o 42 U.S.C. 5409 (part o the National Manuactured HomeConstruction and Saety Standards Act o 1974 [42 U.S.C. 5401 et seq.]) [Health & Saety Code 18021(a)(Deerings)] or or violation o the Mobilehome Parks Act [Health & Saety Code 18200 et seq.[Deerings];

Health & Saety Code 18700 (Deerings)].[8] Notice o Intent to Commence Action Against Mobilehome Park

No action based on the alleged ailure o the management o a mobilehome park to maintain the physicalimprovements in the common acilities in good working order or condition, or alleged reduction in service,may be commenced by a homeowner unless the management has been given at least 30 days prior notice othe intention to commence the action [Civ. Code 798.84(a) (Deerings)].

Te notice must be in writing, signed by the homeowner or homeowners making the allegations, and mustnotiy the management o the basis o the claim, the specic allegations, and the remedies requested. A noticeby one homeowner is deemed to be sucient notice o the specic allegation to the management o the parkby all o the homeowners in the park [Civ. Code 798.84(b) (Deerings)]. For a orm on notice o intention to

commence an action by homeowners, see 369.116.Management is deemed to be on notice o an alleged ailure to maintain the physical improvements in the

common acilities in good working order or condition or o an alleged reduction in services on substantialcompliance by the homeowner or homeowners with the above provisions, or when management has beennotied o the alleged ailure to maintain or the alleged reduction in service by a state or local agency [Civ.Code 798.84(d) (Deerings)].

I the notice is served within 30 days o the expiration o the applicable statute o limitations, the time orthe commencement o the action is extended 30 days rom the service o the notice [Civ. Code 798.84(e)(Deerings)]. Te notice provision does not apply to actions or personal injury or wrongul death [Civ. Code


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798.84() (Deerings)].

369.13 [R]

369.14 [R]

369.15 [R]

369.16 [R]

369.17 [R]

369.18 [R]

369.19 [R]

B. Manuacture o Mobilehomes

369.20 S M M

[1] Prescribed Standards

Te Legislature has directed the Department o Housing and Community Development to prescribestandards or materials and methods used in manuacturing mobilehomes [see 369.11[1][c]] or sale, rent,

or lease in Caliornia, or the ollowing purposes:

o protect the health and saety o the occupants and the public [Health & Saety Code 18028(Deerings)];

For the protection o lie and property against re in mobilehomes [Health & Saety Code 18029.5(Deerings)]; and,

o protect the health and saety o the people o Caliornia rom dangers inherent in the use osubstandard and unsae plumbing, heat-producing, and electrical equipment and installations inmobilehomes [Health & Saety Code 18025 (Deerings)].

Moreover, the Legislature has mandated that all mobilehomes manuactured on or afer September 22,

1976, must comply with the National Manuactured Home Construction and Saety Standards Act o 1974 [42U.S.C. 5401 et seq.; see 1976 Stats., ch. 1194]. Accordingly, the Department has provided as ollows [25 Cal.Code Reg. 4050]:

Federal standards [see 24 C.F.R. Part 3280] relating to construction and re saety apply to allmobilehomes manuactured on or afer June 15, 1976, as well as to those bearing or required to bear aDepartment o Housing and Urban Development (HUD) label [see 369.21[7]].

Certain standards o the National Fire Protection Association and the American National StandardsInstitute relating to construction and re saety apply to all mobilehomes manuactured between September15, 1971, and June 14, 1976, and sold or oered or sale, rent, or lease in Caliornia.

Federal standards relating to construction and re saety are applicable to the alteration or conversion o

any construction or re saety equipment or installations in any mobilehome manuactured afer September15, 1971, bearing or required to bear a HUD insignia [see 369.21] or HUD label.

Federal standards relating to construction and re saety are applicable to any addition to a mobilehomemanuactured afer September 1, 1958, bearing or required to bear a HUD insignia or HUD label.

Federal standards relating to plumbing, heating, cooling, uel-burning, and electrical equipment andinstallations apply to any mobilehome manuactured afer September 1, 1958, bearing or required to bear aHUD insignia or HUD label.

Federal standards relating to plumbing, heating, cooling, uel-burning, and electrical equipment andinstallations are applicable to the alteration, conversion, or addition o any such equipment or installations in


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any mobilehome manuactured afer September 1, 1958, bearing or required to bear a HUD insignia or HUDlabel.

[2] Alternatives to Prescribed Standards

Materials, appliances, installations, devices, arrangements, and methods o construction (manuacture)not specically prescribed by the Manuactured Housing Act o 1980 [Health & Saety Code 18000 et seq.(Deerings)] and implementing regulations [25 Cal. Code Reg. 4000 et seq.] may be used i the Departmento Housing and Community Development determines that they are equivalent in quality, strength,

eectiveness, re resistance, durability, saety, and protection o lie and health to those which are prescribed[Health & Saety Code 18016(a)[Deerings], (b) (Deerings)].

[3] Enorcement Powers

Te Department o Housing and Community Development may conduct such inspections andinvestigations as may be necessary to secure enorcement o the provisions o the Manuactured HousingAct o 1980 [Health & Saety Code 18000 et seq. (Deerings)] and implementing regulations [25 Cal.Code Reg. 4000 et seq.]. For the purposes o enorcement, persons duly designated by the director o theDepartment, on presenting appropriate credentials to the owner, operator, or agent in charge, may (1) enter, atany reasonable time and without advance notice, any actory, warehouse, sales lot, or establishment in whichmobilehomes are manuactured, stored, held or sale, sold, or oered or sale, rent, or lease, and (2) inspect,

at any reasonable time and within reasonable limits and in a reasonable manner, any actory, warehouse, saleslot, or establishment, and may inspect such books, papers, records, and documents as are necessary to ensurecompliance with the provisions o the mobilehomes law [Health & Saety Code 18025.5(d) (Deerings)].

Any ocer, agent, or employee o the Department (1) is authorized to enter any premises wheremobilehomes are manuactured, sold, or oered or sale, rent, or lease, (2) may examine any records, and (3)may inspect any mobilehomes, equipment, or installations to ensure compliance with the provisions o 25Cal. Code Reg. 3100 et seq. and 24 C.F.R. Part 3280. When it becomes necessary to determine compliance,he or she may require that a portion or portions o the mobilehome be removed or exposed in order that aninspection or required tests be made [25 Cal. Code Reg. 4005].

[4] Complaint o Violation

Any owner o a mobilehome bearing or required to bear a Department o Housing and CommunityDevelopment insignia [see 369.21] or HUD label [see 369.21[7]] may le a written complaint with theDepartment setting orth the items that the owner believes do not comply with the (applicable) provisions o25 Cal. Code Reg. 4000 et seq. [25 Cal. Code Reg. 4013.5]. Te investigation o the complaint should beconducted with the aim o correcting the violations [see 369.110[2], [3]].

Te provisions o 24 C.F.R. 3282.401 et seq. set orth an elaborate procedure to deal with consumerscomplaints about those mobilehomes which are subject to the provisions o ederal law [see 369.21[6]].

369.21 I App

[1] General Requirement

Te mobilehomes law provides that all mobilehomes [see 369.11[1][c]] which are sold, oered or sale,rented, or leased within this state must bear an insignia o approval issued by the Department o Housingand Community Development to indicate compliance with the regulations (prescribing standards) o theCommission o Housing and Community Development (prescribing standards), adopted pursuant to theManuactured Housing Act o 1980, which were in eect on the date o manuacture o the mobilehome[Health & Saety Code 18026 (Deerings)]. Tis requirement does not, however, apply to mobilehomesmanuactured on or afer June 15, 1976, which bear HUD labels [see [7], below]. Violation is a misdemeanor[Health & Saety Code 18020.5(a) (Deerings)].

[2] Manuacture Beore September 1, 1958

Mobilehomes manuactured in Caliornia beore September 1, 1958, were not subject to any standards


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prescribed by law. Regulations prescribing standards and or an insignia o approval were rst required by1957 Stats., ch. 2093, applicable to mobilehomes manuactured afer July 1, 1958. Tis date was later changedto September 1, 1958 [1958 Stats., 1st Ex Sess, Ch. 89].

[3] Manuacture From September 1, 1958, to June 15, 1976

Any person selling, oering or sale, renting, or leasing any mobilehome manuactured betweenSeptember 2, 1958, and June 15, 1976, must obtain an insignia o approval or the mobilehome rom theDepartment o Housing and Community Development beore selling, oering or sale, renting, or leasing the

mobilehome [25 Cal. Code Reg. 4034.5(a); see [5][b], below].[4] Manuacture Aer June 15, 1976

Mobilehomes manuactured on and afer June 15, 1976, bearing HUD labels [see [7], below] are notrequired to bear Department insignia o approval [25 Cal. Code Reg. 4033(a)(4)].

[5] Inspection

[a] Requests or Inspection

Any person manuacturing, owning, selling, oering or sale, renting, leasing, altering, or convertingany mobilehome may request that the Department o Housing and Community Development make aninspection o the mobilehome or approval pursuant to 25 Cal. Code Reg. 3100 et seq. [25 Cal. Code

Reg. 4011(a); see 25 Cal. Code Reg. 4011(b)-(i) (procedure)].Any person selling, oering or sale, renting, leasing, altering, or converting any mobilehome

manuactured afer September 1, 1958, must request an inspection by the Department in any o theollowing circumstances [25 Cal. Code Reg. 4010]:

I the mobilehome does not bear a Department insignia or HUD label [see [7], below];

When the mobilehome bearing or required to bear a Department insignia or HUD label is to bealtered or converted; or,

When a notice requiring corrections [see [c], below] has been given and a reinspection is neces-sary to determine compliance.

[b] Issuance o Insignia o ApprovalI, afer a requested or required inspection under 25 Cal. Code Reg. 4010 or 4011 [see [a], above],

the mobilehome inspected meets the requirements o 25 Cal. Code Reg. 4000 et seq. [see 25 Cal. CodeReg. 4050-4070 (mobilehomes)] and the applicant submits insignia ees pursuant to 25 Cal. CodeReg. 4044, an insignia o approval must be issued or the mobilehome [25 Cal. Code Reg. 4012].

[c] Notice o Violations

When an inspection reveals that a mobilehome bearing or required to bear a Department insigniais in violation o any o the provisions o 25 Cal. Code Reg. 4000 et seq., the Department must serveon the owner, person responsible or violation, or his or her agents, a notice o violations setting orthin what regard the provisions o 25 Cal. Code Reg. 3000 et seq. have been violated. Te Department

may also post the mobilehome with a Prohibited Sales Notice. Violations must be corrected within 20days or such other period o time as may be allowed by the Department, and an inspection must berequested by the person served with the notice o violations (pursuant to 25 Cal. Code Reg. 4010).Should the violations not be corrected within the allotted time, the Department must institute legal and/or administrative actions as necessary to secure compliance and reappropriate the Departments insignia[25 Cal. Code Reg. 4013].

Any person served with a notice o violations must, within 20 days o receipt, notiy the Departmentin writing o the action taken to correct the violations, and may le a request or a hearing pursuant to25 Cal. Code Reg. 4045 [see 369.130]. No person served with a notice o violations may move orcause to be moved the mobilehome which is in violation until the Department has been urnished with


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written notication o the mobilehomes destination and disposition. No person may remove or cause tobe removed a Prohibited Sales Notice until authorized to do so by the Department [25 Cal. Code Reg. 4013].

[d] Removal or Violation

In the event that a mobilehome bearing a Department insignia o approval is ound in violation o 25Cal. Code Reg. 3000 et seq. and a notice o violations has been served pursuant to 25 Cal. Code Reg. 4013 [see [c], above] or 25 Cal. Code Reg. 4013.5 [see 369.20[4]], the Department may remove

the insignia. Te Department may not issue a new insignia until the ollowing requirements have beensatised [25 Cal. Code Reg. 4036]:

Corrections have been made;

An inspection has been requested in accordance with 25 Cal. Code Reg. 4010 [see [a], above];

Inspection and insignia ees have been paid in accordance with 25 Cal. Code Reg. 4044; and

Te mobilehome has been inspected and ound in compliance with applicable regulations.

[6] Federal Standards Applicable Aer September 22, 1976

Manuacturers o mobilehomes as dened in the National Manuacturer Home Construction andSaety Standards Act o 1974 [42 U.S.C. 5401 et seq.; see 369.11[1][b]] are governed by the Act and

implementing regulations [24 C.F.R. Parts 3280, 3282]. Caliornia manuacturers o mobilehomes as denedin the Mobilehomes-Manuactured Housing Act o 1980 [Health & Saety Code 18000 et seq.[Deerings];see 369.11[1][c]], excluding mobilehomes within the ederal denition, are governed by the state law andimplementing regulations [25 Cal. Code Reg. 4000 et seq.]. Basically, state law regulates manuacturers omobilehomes that are less than eight body eet wide or less than 32 body eet long but otherwise would bewithin the ederal denition.

State regulation is actually negligible, however. In 1976 the Legislature amended certain provisions oormer Health & Saety Code 18055-18064[Deerings] [now see Health & Saety Code 18025-18032(Deerings)] by adding the ollowing sentence: All mobilehomes meaning such mobilehomes as wouldbe subject to state regulation manuactured on or afer [September 22, 1976,] the eective date o the

amendments to this section enacted by the Statutes o 1976 shall comply with the National ManuacturerHome Construction and Saety Standards Act o 1974 (42 U.S.C. 5401 et seq.) [1976 Stats., ch. 1194]. Telanguage shall comply with [the ederal law] is a vague expression o legislative intent but means, at least,that mobilehomes subject to state regulation must be manuactured to meet or exceed ederally prescribedstandards [24 C.F.R. Part 3280]. Consequently, the Department o Housing and Community Development hasrepealed its regulations prescribing standards and now provides simply that ederal standards apply [see 25Cal. Code Reg. 4050-4070].

Te Department o Housing and Community Development appears to adopt the view that theLegislatures intent, although not clearly stated, is to apply ederal procedural and enorcement regulationsto the manuacture o state-regulated mobilehomes, since the Department has adopted regulationsapplicable to manuacturers o mobilehomes subject to itle VI (24 C.F.R.) requirements (the phrasingvaries slightly in some regulations). Tese regulations apply to mobilehomes subject to the National MobileHome Construction and Saety Act o 1974, which was enacted as itle VI o the Housing and CommunityDevelopment Act o 1974 [Public Law 93-383], and implementing regulations, which are published in itle24 o the Code o Federal Regulations. In turn, these implementing regulations o the ederal Act generallyrequire compliance with ederal procedural and enorcement regulations [24 C.F.R. Part 3282].

Tereore, it appears that Caliornia manuacturers o mobilehomes that do not t the ederal denitiono mobilehome are nevertheless governed by the provisions o the ederal law, made applicable by state statute


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and regulations o the Department o Housing and Community Development.

[7] HUD Label

Manuacturers are required to ax labels to their mobilehomes certiying compliance with ederallyprescribed standards [24 C.F.R. 3282.205, 3282.362; 25 Cal. Code Reg. 4009(b), 4031(e), 4032(),4034.3]. Te label is reerred to in state regulations as a HUD label (because the ederal Department oHousing and Urban Development is charged with enorcement o the ederal law) or a itle VI (24 C.F.R.)label. A dealer may not lawully sell a mobilehome that is required to bear, but does not bear, a HUD label

[see 369.33].HUD labels are supplied by enorcement agencies, including the state Department o Housing and

Community Development. Manuacturers get small supplies o labels at intervals o two to our weeks. Labelsmay be withheld, and labels in the manuacturers hands may be conscated, i the enorcement agency ndsviolations o ederally prescribed standards in the manuacturing process [see 24 C.F.R. 3282.362]. Sinceobtaining labels or its mobilehomes is a vital part o a manuacturers business, the manuacturer musttake immediate steps to reverse an agencys decision to withhold or conscate labels as provided in ederalprocedural and enorcement regulations [see 24 C.F.R. 3282.151-3282.156; 25 Cal. Code Reg. 4046.7; seealso 369.22].

[8] State Label

A new mobilehome [see 369.11[1][c]] manuactured on or afer January 1, 1977, which is requiredto be moved under a permit [see 369.40] and which is displayed or retail sale in Caliornia must bear amanuacturers label stating all o the ollowing [Health & Saety Code 18032(a) (Deerings)]:

Te make, model, and serial or identication number o the mobilehome;

Te nal assembly plant;

Te name and location o the dealer to whom the mobilehome was delivered; and,

Te manuacturers suggested retail price, showing the base price, the price o extra constructioneatures and materials, and whether the price includes the towbar, wheels, wheel hubs, and axles.

Te retail purchaser may remove this label, but removal or alteration o it by a dealer is a misdemeanor

[Health & Saety Code 18032(b) (Deerings)].

369.22 A P

[1] Application o Procedural Regulations

Administrative proceedings involving manuacturers o mobilehomes and agencies participating inenorcement o standards are governed by 24 C.F.R. 3282.151-3282.156 [see 25 Cal. Code Reg. 4046.7].Tose procedural regulations apply in numerous specied situations [see 24 C.F.R. 3282.151], including theollowing:

Whenever the Secretary o Housing and Urban Development contemplates injunctive action under 42U.S.C. 5410(a);

Whenever the secretary contemplates making an administrative determination o imminent saetyhazard, serious deect, or noncompliance under 42 U.S.C. 5414(e);

Whenever there is a question as to who should bear responsibility or correction under 42 U.S.C. 5414(g);

When a manuacturer disagrees with a determination o a Design Approval Primary InspectionAgency (DAPIA) an enorcement agency; the state Department o Housing and CommunityDevelopment is one o the DAPIAs operating in Caliornia under 24 C.F.R. 3282.361 that amobilehome design does not conorm to applicable standards or that a quality assurance manual (a


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manuacturers plan or quality control, which must be approved) is not adequate; and,

When a manuacturer disagrees with a decision o a Production Inspection Primary InspectionAgency (PIPIA) another enorcement agency; the state Department o Housing and CommunityDevelopment is also an PIPIA in Caliornia to red tag a mobilehome, that is, to ax a notice that itcontains an imminent saety hazard or otherwise does not conorm to standards, or a decision not toprovide HUD labels or mobilehomes under 24 C.F.R. 3282.362 [see 369.21[7]] when the PIPIAbelieves the mobilehome does not conorm to standards [24 C.F.R. 3282.151(a), (b)].

[2] DAPIAs and PIPIAs in Addition to Department o Housing and Community Development inCaliornia

Tere may be DAPIAs and PIPIAs in addition to the Department o Housing and CommunityDevelopment in Caliornia. When another Caliornia DAPIA determines that a mobilehome design doesconorm to applicable standards or a quality assurance manual is adequate, or when another CaliorniaPIPIA decides not to red tag a mobilehome or decides to provide HUD labels because the PIPIA believes themobilehome(s) in question do conorm to applicable standards, the Department o Housing and CommunityDevelopment in its capacity as the State Administrative Agency (SAA) under the ederal law may take theopposite position and obtain resolution o the dispute pursuant to the procedures provided or in 24 C.F.R. 3282.151-3282.156 [24 C.F.R. 3282.151(b)]. Tose procedural regulations also apply to hearings held by

the Department o Housing and Community Development in its capacity as the Caliornia SAA [24 C.F.R. 3282.151(e)].

369.23 [R]

369.24 [R]

369.25 [R]

369.26 [R]

369.27 [R]

369.28 [R] 369.29 [R]

C. Sale, Installation, and Use o Mobilehomes

369.30 M C G Pp S

Mobilehomes that are not axed to land so as to become real property [see 369.42[1]] are goods thesale o which would be governed by Division 2 (Sales) o the Commercial Code [Com. Code 2101 et seq.[Deerings]; see Com. Code 2105[Deerings] (denition o goods)]. In sales that qualiy as consumertransactions (purchase by an individual primarily or personal, amily, or household purposes), suchmobilehomes are also consumer goods subject to the Song-Beverly Consumer Warranty Act [Civ. Code

1790 et seq.[Deerings]; see Civ. Code 1791[Deerings] (denition o consumer goods); see also Civ. Code 1795.5[Deerings] (applicability o Act to sales o used goods)]. However, the basic regulation o mobilehomesales by dealers [see Health & Saety Code 18002.6[Deerings] (denition)] is set orth in Health & SaetyCode 18035-18039.5[Deerings] and is discussed in 369.33. Te disclosure requirements applicable to thesale o residential real property also apply to the resale on or afer January 1, 2000, o a manuactured home or amobilehome, which manuactured home or mobilehome is classied as personal property intended or use as aresidence [Civ. Code 1102(b)[Deerings]; see 369.42].


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369.31 S M P

[1] Signs Displaying Sale

A mobilehome park [see 369.11[2]] homeowner, heir, joint tenant, or personal representative o theestate who gains ownership o a mobilehome through the death o the owner o the mobilehome who was ahomeowner at the time o his or her death may advertise the sale or exchange o his or her mobilehome [see 369.11[1][e]] by displaying a sign in the window o the mobilehome, posted on the side o the mobilehomeacing the street, or by a sign in ront o the mobilehome acing the street, stating that the mobilehome is or

sale or exchange. Te homeowner may also display a sign indicating that the mobilehome is on display oran open house, unless the park rules prohibit this type o display. Te sign must state the name, address, andtelephone number o the mobilehomes owner, or his or her agent, and the sign ace may not exceed 24 inchesin width and 36 inches in height [Civ. Code 798.70 (Deerings)]. Signs posted in ront o a mobilehomemay be o H-rame or A-rame design with the sign ace perpendicular to, but not extending into, thestreet. Homeowners may attach to the sign or their mobilehome tubes or holders or leaets that provideinormation on the mobilehome or sale or exchange [Civ. Code 798.70 (Deerings)].

[2] Management Must Obtain Owners Authorization to Show Mobilehome

Te mobilehome park management must not show or list or sale a mobilehome without rst obtainingthe owners written authorization. Te authorization must speciy the terms and conditions regarding the

showing or listing [Civ. Code 798.71(a) (Deerings)]. Management may also require that the homeowneradvise management in writing that his or her mobilehome is or sale. However, ailure to comply with thisrequirement does not invalidate a transer [Civ. Code 798.71(a)(2) (Deerings)].

Management means the owner o the mobilehome park or an agent or representative authorized to act onthe owners behal in connection with matters relating to a tenancy in the park [Civ. Code 798.2 (Deerings)].

[3] Management Restricted rom Charging Fees

Te management may not charge a homeowner, an heir, joint tenant, or personal representative o theestate who gains ownership o a mobilehome through the death o an owner who owned the mobilehome atthe time o his or her death, or the agent o any o them, a transer or selling ee as a condition o a sale o hisor her mobilehome in the park unless the management perorms a service in the sale. Te management may

not perorm any such service in connection with the sale unless so requested, in writing, by the homeowneror his or her agent [Civ. Code 798.72(a)[Deerings]; see People v. Mel Mack Co. (1975) 53 Cal. App. 3d621, 126 Cal. Rptr. 505 (act situation and construction o prior law leading to enactment o this section)].Similarly, management may not charge a prospective homeowner or agent a ee as a condition o approvalor residency in a park unless management perorms a specic service or the sale. Management also maynot impose a ee, other than or a credit check, or an interview o a prospective homeowner [Civ. Code 798.72(b) (Deerings)].

A rent increase imposed on new tenants at the time o the sale or transer o a mobilehome (excluding anytranser to a transerors spouse, children, or parents) is not a prohibited ee within the meaning o Civ. Code 798.72[Deerings] nor within the restrictive scope o the Mel Mack case cited above [Vance v. Villa Park

Mobilehome Estates (1995) 36 Cal. App. 4th 698, 707, 42 Cal. Rptr. 2d 723]. A local rent control ordinancemay, however, prohibit rent increases at the termination o a tenancy [see Carson Harbor Village Ltd. v. Cityo Carson (9th Cir. 1994) 37 F.3d 468, 472-473].

[4] Managements Rights in Event o Sale, Including Requiring Removal o Mobilehome

Te management may not require the removal o a mobilehome rom the park in the event o its sale toa third party during the term o the homeowners rental agreement or in the 60 days ollowing the notice otermination o tenancy required by Civ. Code 798.55(b)(1)[Deerings] [Civ. Code 798.73[Deerings]; ordiscussion o the notice required by Civ. Code 798.55(b)[Deerings], see 369.73[1]]. However, in the evento a sale to a third party, to upgrade the quality o the park, the management may require that the mobilehome


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be removed rom the park in the ollowing circumstances [Civ. Code 798.73(a)-(d) (Deerings)]:

When it is not a mobilehome within the meaning o Civ. Code 798.3[Deerings];

When the mobilehome is more than 20 years old, or more than 25 years old i manuactured aferSeptember 15, 1971, and is 20 eet wide or more and the mobilehome does not comply with the healthand saety standards provided in Health & Saety Code 18550[Deerings], 18552[Deerings], and18605[Deerings] and the regulations established thereunder;

When the mobilehome is more than 17 years old, or more than 25 years old i manuactured afer

September 15, 1971, and is less than 20 eet wide and the mobilehome does not comply with the healthand saety standards provided in Health & Saety Code 18550[Deerings], 18552[Deerings], and18605[Deerings] and the regulations established thereunder; or,

When the mobilehome is in a signicantly rundown condition or in disrepair, as determined by itsgeneral condition and its acceptability to the health and saety o the occupants and to the public,exclusive o its age.

Management may not require the removal o a mobilehome unless it has provided notice to thehomeowner speciying the condition that permits removal [Civ. Code 798.73(e) (Deerings)].

Management must use reasonable discretion in determining the general condition o the mobilehomeand its accessory structures, and it also bears the burden o demonstrating that the mobilehome is in asignicantly rundown condition or in disrepair. Management may not require repairs and improvements tothe park space or property owned by the management, except or damage caused by the actions or negligenceo the homeowner or the homeowners agent [Civ. Code 798.73(d) (Deerings)].

In the case o a sale or transer o a mobilehome that will remain in the park, the park management maynot require repairs or improvements to the park space or property owned by the management, except ordamage caused by the actions or negligence o the homeowner or the homeowners agent [Civ. Code 798.83(Deerings)]. In addition, the park management may require repairs or improvements to the mobilehome,its appurtenances, or an accessory structure that is not owned and installed by the management, i the repairor improvement is based on or is required by a local ordinance or state statute or regulation relating tomobilehomes, or a rule or regulation o the mobilehome park that implements or enorces a local ordinance,

state statute, or regulation relating to mobilehomes, and the repair or improvement relates to the exterioro the mobilehome, its appurtenances, or accessory structure not owned and installed by the management[Civ. Code 798.73.5(a) (Deerings)]. Te management must provide a homeowner with a written summaryo required repairs and improvements no later than 10 business days ollowing receipt o a request or thisinormation made by the homeowner as part o the 60-day notice o termination o tenancy pursuant toCiv. Code 798.59[Deerings] [Civ. Code 798.73.5(b) (Deerings)]. Te summary must include specicreerences to the park rules and regulations, local ordinances, or state statutes and regulations relating tomobilehomes on which the request or repair or improvement is based [Civ. Code 798.73.5(b) (Deerings)].

Te management may require the right o prior approval o a purchaser o mobilehome that will remainin the park and that the selling homeowner or his or her agent give notice o the sale to the management

beore the close o the sale. Approval may not be withheld i the purchaser has the nancial ability to pay therent and charges o the park unless the management reasonably determines that, based on the purchasersprior tenancies, he or she will not comply with the rules and regulations o the park [Civ. Code 798.74(a)(Deerings)].

In determining whether a purchaser has the nancial ability to pay the rent and charges o the park,the management may not require the purchaser to submit copies o personal income tax returns to obtainapproval or the residency in the park. Management may require, however, the purchaser to document theamount and source o his or her gross monthly income or means o nancial support [Civ. Code 798.74(a)(Deerings)].

Rental agreements entered into or renewed on and afer January 1, 2006, may not include a clause, rule,


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regulation, or any other provision that grants management the right o rst reusal to purchase a homeownersmobilehome that is in the park and oered or sale to a third party [Civ. Code 798.19.5 (Deerings)].However, this does not preclude a separate agreement or separate consideration granting the park owneror management a right o rst reusal to purchase the homeowners mobilehome [Civ. Code 798.19.5(Deerings)].

[5] Managements Obligations in Event o Sale

On request o any prospective homeowner who proposes to purchase a mobilehome that will remain

in the park, management must inorm that person o the inormation management will require in order todetermine i the person will be acceptable as a homeowner in the park. Within 15 business days o receivingall o the inormation requested rom the prospective homeowner, the management must notiy the sellerand the prospective homeowner, in writing, o either acceptance or rejection o the application and thereason i rejected. During the 15-day period, the prospective homeowner must comply with any request bythe management or a personal interview [Civ. Code 798.74(a) (Deerings)]. I the approval o a purchaseris withheld or any reason other than those stated above, the management or owner may be held liable or alldamages proximately resulting thererom [Civ. Code 798.74(a) (Deerings)].

Within two business days o receiving a request rom a prospective homeowner or an applicationor residency or a specic space within a mobilehome park, i the management has been advised

that the mobilehome occupying that space is or sale, the management must give the prospectivehomeowner a separate document in at least 12-point type entitled INFORMAION FOR PROSPECIVEHOMEOWNERS that includes specied statements concerning home ownership in a mobilehome park [Civ.Code 798.74.5(a) (Deerings)]. On request o the prospective homeowner, management must also providea copy o park rules and regulations and a copy o the Mobilehome Residency Law [Civ. Code 798.74.5(b)(Deerings)]. For a orm setting orth the statutorily required inormation or prospective homeowners, seeCaliornia Legal Forms, Ch. 39, Mobilehome Parks (Matthew Bender).

I the management collects a ee or charge rom a prospective purchaser o a mobilehome to obtain anancial report or credit rating, the ull amount o the ee or charge must be credited toward payment o therst months rent or that mobilehome purchaser. I, or whatever reason, the prospective purchaser is rejectedby the management, the management must reund to the prospective purchaser the ull amount o that ee or

charge within 30 days rom the date o rejection. I the prospective purchaser is approved by the management,but, or whatever reason, the prospective purchaser elects not to purchase the mobilehome, the managementmay retain the ee, or a portion thereo, to deray its administrative costs [Civ. Code 798.74(b) (Deerings)].

[6] Management May Not Prohibit or Require Certain Acts

Te management may not prohibit the listing or the sale o a mobilehome or a manuactured home withinthe park by the homeowner, an heir, joint tenant, or personal representative o the estate who gains ownershipo a mobilehome through the death o the owner who owned the mobilehome at the time o his or her death,or an agent o any o those persons other than the management [Civ. Code 798.71(b) (Deerings)]. Temanagement also may not require the homeowner, an heir, joint tenant, or personal representative o theestate who gains ownership o a mobilehome through the death o the owner to authorize management or any

other specied broker, dealer, or person to act as agent or sale as a condition o managements approval o thebuyer or prospective homeowner or residency [Civ. Code 798.71(c)[Deerings], 798.81 (Deerings)].

Management may not require a homeowner who is replacing a mobilehome or manuactured home on aspace in the park in which he or she resides to use a specic broker, dealer, or other person as an agent in thepurchase o or installation o the replacement home [Civ. Code 798.71(d) (Deerings)].

[7] Purchasers Rights o enancy and Unlawul Occupancies

An escrow, sale, or transer agreement involving a mobilehome located in a park at the time o thesale must contain a copy o either a ully executed rental agreement or a statement signed by the parksmanagement and the prospective homeowner that the parties have agreed to the terms and conditions o a


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rental agreement [Civ. Code 798.75(a) (Deerings)]. I the purchaser ails to execute the rental agreement,the purchaser has no rights o tenancy [Civ. Code 798.75(b) (Deerings)]. I an occupant o a mobilehomehas no rights o tenancy and is not otherwise entitled to occupy the mobilehome, the occupant is consideredan unlawul occupant i, afer a demand is made or surrender o the mobilehome park site, or a period ove days, the occupant reuses to surrender the site to the mobilehome park management. I the unlawuloccupant ails to comply with the demand, the unlawul occupant is subject to unlawul detainer proceedings[Civ. Code 798.75(c) (Deerings)]. Te occupant o the mobilehome is not considered an unlawul occupantand is not subject to unlawul detainer proceedings i all o the ollowing conditions are present [Civ. Code

798.75(d) (Deerings)]:

Te occupant is the registered owner o the mobilehome;

Te management has determined that the occupant has the nancial ability to pay the rent andcharges o the park, will comply with the rules and regulations o the park based on the occupantsprior tenancies, and will comply with Civ. Code 798.70-798.83[Deerings]; and,

Te management ailed or reused to oer the occupant a rental agreement.

[8] Written Disclosure Form

Te management must provide a prospective homeowner with a completed written disclosure ormconcerning the park in the ormat required by Civ. Code 798.75.5(b)[Deerings] at least three days beore

execution o either (1) a rental agreement or (2) a statement signed by the park management and theprospective homeowner that the parties have agreed to the terms and conditions o the rental agreement.Te management must update the inormation on the disclosure orm annually, or, in the event o a materialchange in the condition o the mobilehome park, at the time o the material change in that condition [Civ.Code 798.75.5(a) (Deerings)].

[9] Age Requirements or Purchase

Te management may require that a prospective purchaser comply with any rule or regulation limitingresidency based on age requirements or housing or older persons, provided that the rule or regulationcomplies with the ederal Fair Housing Act, as amended by Public Law 104-76, and implementing regulations[Civ. Code 798.76 (Deerings)]. Under the Act, 42 U.S.C. 3602(k) and 3605 prohibit exclusion o amilies

with children under 18 years o age except in housing that qualies as housing or older persons under 42U.S.C. 3607(b)(2)(B), (C) [see Schmidt v. Superior Court (1989) 48 Cal. 3d 370, 376, 391, 256 Cal. Rptr. 750,769 P.2d 932 (exibility allowed under Caliornia law as allowing mobilehome park to impose restrictionsthat allow it to qualiy as senior citizen housing under ederal law)]. For urther discussion, see Ch. 117, CivilRights: Housing Discrimination.

[10] Waiver Prohibited

No rental or sale agreement may contain a provision by which the purchaser or tenant waives his or herrights under Civ. Code 798 et seq.[Deerings] Any such waiver is deemed contrary to public policy and isvoid and unenorceable [Civ. Code 798.77 (Deerings)].

[11] Sale by Heir, Joint enant, or Personal Representative o Estate

An heir, joint tenant, or personal representative who gains ownership o a mobilehome in a mobilehomepark through the death o the owner o the mobilehome who is a tenant has the right to sell the mobilehometo a third party in accordance with the provisions o Civ. Code 798.70-798.83[Deerings], but only i allthe homeowners responsibilities and liabilities to the management regarding rent, utilities, and reasonablemaintenance o the mobilehome and its premises that have arisen afer the transer o ownership to the heiror joint tenant have been satised up until the date the mobilehome is resold [Civ. Code 798.78 (Deerings)].I the heir, joint tenant, or personal representative does not satisy the homeowners responsibilities, themanagement may require the removal o the mobilehome [Civ. Code 798.78(b)[Deerings]; see Simandlev. Vista de Santa Barbara Associates, LP (2009) 178 Cal. App. 4th 1317, 1322, 101 Cal. Rptr. 3d 129


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(management properly removed mobilehome when heirs ailed to perorm maintenance)].

Beore the sale, the heir, joint tenant, or personal representative may replace the mobilehome or repairit [Civ. Code 798.78(c) (Deerings)]. A replacement mobilehome must meet current standards o thepark as contained in the parks most recent written requirements issued to prospective homeowners [Civ.Code 798.78(c)[Deerings]; see Homan v. Smithwoods RV Park LLC (2009) 179 Cal. App. 4th 390, 405,102 Cal. Rptr. 3d 72 (mobilehome park not required to satisy procedural requirements in Civ. Code 798.25[Deerings] or amending rules and regulations when considering whether replacement mobilehome

meets current standards under 798.78)]. I the heir, joint tenant, or personal representative establishes atenancy in the park, he or she must comply with the provisions or a prospective purchaser [Civ. Code 798.78(d) (Deerings)].

[12] Rights Aer Homeowners Deault

[a] Right to Sell; Conditions

Any legal owner or junior lienholder who orecloses on a security interest in a mobilehome locatedin mobilehome park has the right to sell the mobilehome within the park to a third party in accordancewith the procedures o Civ. Code 798.70-798.83[Deerings], but only i all o the homeownersresponsibilities and liabilities to the management regarding rent, utilities, and reasonable maintenance othe mobilehome and its premises are satised by the oreclosing creditor as they accrue through the date

the mobilehome is resold [Civ. Code 798.79(a) (Deerings)]. For a general discussion o oreclosure omobilehome security interests, see 369.44[5].

[b] Notice Requirements

I the legal owner or junior lienholder has received rom the management a copy o a notice otermination o tenancy or nonpayment o rent or other charges, prior to selling the mobilehome, within60 days ollowing receipt or no later that 65 days afer the mailing o the notice o termination, the legalowner and each junior lienholder must notiy the management in writing o at least one o the ollowing[Civ. Code 798.56a(a) [Deerings], 798.79(b) (Deerings)]:

Its oer to sell the obligation secured by the mobilehome to the management or the amountspecied in its written oer, in which event management has 15 days ollowing receipt o the

oer to accept or reject it in writing. I the oer is rejected, the person or entity has 10 days inwhich to exercise options (2) or (3), below;

Its intention to oreclose on its security interest in the mobilehome; or,

Its request that the management pursue the termination o tenancy against the homeowner andits oer to reimburse management or the reasonable attorneys ees and court costs incurred bythe management in that action.

I the legal owner or junior lienholder exercises options (2) or (3), above, and has the right to sellthe mobilehome, that person has the right to keep the mobilehome on the site within the park untilit is resold as long as he or she perorms all o the ollowing acts [Civ. Code 798.56a(b)[Deerings],798.79(b) (Deerings)]:

Satises within the time period specied in Civ. Code 798.56a(a)[Deerings] (discussed above)all o the hom