Kamala Harris Request To Investigate HART KING 3-1-16.compressed
Kamala Harris Request To Investigate HART KING 3-1-16.compressed
5.) If a relative or friend moves in to assist a sick or disabled homeowner, as soon as he/she
dies or relocates to a Skilled Nursing Facility, the park owner notifies the resident he/she
must meet qualification standards to live in the home. Managers then deny approvals.
HART|KING serves a 5-day Notice to Surrender Premises under Civil Code 785.75(c).
Heirs rarely qualify to reside in a park under artificially inflated qualification standards.
Thousands of residents are rendered homeless as wealthy park owners convert their homes
to dealer inventory rented to tenants unprotected by Mobile Home Residency Law because
they are not home owners. These tenants are subject to arbitrary and capricious evictions.
6.)
No victim can tell her story without shedding tears as she relives the emotional pain.
Victims realize it is pure evil but they are powerless to challenge the Goliath law firm.
After investigating this racketeering enterprise for 4 years, I finally have direct evidence;
i.e pleadings HART|KING filed in court, under oath, violating Penal Codes 132 and 134.
It is a felony to prepare to offer or offer any altered document as genuine in a proceeding
in court for a deceitful purpose. Here, the purpose is to further a racketeering enterprise.
On May 6, 2013 Appellate Division of San Bernardino Superior Court notified HART|KING
their evictions under Civil Code 798.75(c) against occupants who were not purchasers or
transferees, and who were not in privity of contract with park owners, were unlawful evictions.
HART|KING appealed and lost; yet it continues to steal homes via the same unlawful tactics.
Exh. A Shows grand theft of Joyce Dalens home after daughter Tina admitted her to a SNF.
It shows the firm never named/served owner Joyce Dalen despite having her address.
UDDS1101776 Stubblefield Properties v. Tina Dalen/Unknown Occupants 4-18-11
UD summons, Forcible Detainer Complaint, 5-Day Notice to Surrender-Civil 798.75(c)
Tina Dalen could not afford a lawyer; she lost her moms home and is now homeless.
Exh. B Shows firm tried to steal McCarrons home after Bonnie Shipley moved in to share it.
It shows the firm never named/served owner McCarron despite having her address.
UDDS1204130 Stubblefield Properties v. Bonnie Shipley/Unknown Occupants 8-27-12
UD summons, Forcible Detainer Complaint, 5-Day Notice to Surrender-Civil 798.75(c)
McCarron represented Shipley; firm prosecuted 57 hearings, 18 volumes, 95-pg docket.
Shipley filed MSJ; firm opposed offering fraudulent Civil 798.75(c) Legislative History
Exh. C 1-18-13 Maury Priest Declaration Supporting Shipleys Motion for Summary Judgment
Exh. L, M, N shows legislators struck forcible detainer words from 798.75(c) revisions
Exh. D 5-6-13 Appellate Writ of Mandate Reversing Trial Courts Denial of Shipleys MSJ
finding forcible detainer evictions under Civil 798.75(c) are unlawful against occupants
who are not purchasers or transferees and not in privity of contract with park owners.
(Fourth District Court of Appeal Division 2 - Panel Affirmed the Decision on Appeal)
(Supreme Court Denied HART|KING Petition for Review) Affirmed and Final.
After losing their attempt to steal McCarrons home via an illegal eviction against Shipley,
a mysterious fire occurred at the park-controlled electric pedestal supplying power to the home.
Courageous neighbors extinguished the fire with hoses to save McCarrons home from burning.
After McCarron spent $3,000 to repair the damage Stubblefield prosecuted a second illegal
eviction against McCarron---alleging that she violated new Community Rules 2, 5, and 17.
2
Despite receiving actual knowledge on 5/6/13 from San Bernardino County Appellate Division
the firms evictions using 5-day Notice to Surrender Premises under Civil Code 798.75(c)
of occupants who were not purchasers or transferees, or in privity of contract, were unlawful,
HART|KING continues a racketeering enterprise to enrich park owners and the firm partners.
In opposing defendants motion to quash the unlawful eviction to steal the Trusts mobilehome
Ryan Egan knowingly offered into evidence, Legislative History of Revisions to Civil 798.75(c).
Ryan Egan had fraudulently altered the actual Legislative History [as shown in Exhibit C].
Ryan Egan omitted the pages striking out the words forcible detainer from the final revisions,
which were striken to preclude park owners from using Civil 798.75(c) to evict lawful occupants.
Ryan Egan violated Penal Codes 132 and 134 with specific intent to deceive a judicial officer to
steal the home from owner Schlosser Trust (who was not named or served) after its trustee died.
Title was held in the name of the trust. (see Exh. F below) Ms. Wienzierl had the financial
ability to pay rent and had been paying it all of the time she resided with her mom in the home.
The park manager denied her application for residency using inflated qualification standards
the HART|KING firm advised them to implement as part of a statewide racketeering enterprise.
Exh. F Egans RJN-omitted Pages Striking the Words Forcible Detainer From Final Revisions
to Civil Code 798.75(c) in 1987 as explained by Maury Priest in his affidavit. [see Exh. C]
Maury Priest testified he attended every legislative session in 1987, observed legislators
and heard all comments, including striking the words forcible detainer to preclude park
owners from using 798.75(c) to evict lawful occupants who were not purchasers/transferees
I emailed Ms. Boyle a template of Ms. Shipleys affirmative defenses to formulate affirmative
defenses for Ms. Wienzierl to include in an Answer to HART|KINGs unlawful eviction complaint.
Exh. G
In 2014 Assembly member Mark Stone introduced AB2026 to protect consumers from
artificially inflated qualification standards devised to enable park owners to deny residency.
AB2026 was introduced after consumers discovered that park owners were artificially inflating
qualification standards to obstruct sales and subleasing of mobile homes by private owners.
Park owners could just disapprove all prospective buyers or subtenants to force owners to forfeit
their homes rendered unmarketable--rather than pay $1,100 per month space rent with a vacant
home they could not sublease or sell because park managers rejected all residency applications.
3
Park owners continue to convert filched homes into dealer inventory rented to tenants
unprotected by Mobile Home Residency Law because these tenants are not home owners.
These tenants are subject to arbitrary and capricious evictions at the whims of park owners.
.
HART|KING devised a clever scheme to defeat AB2026 as shown in Exhibit H.
HART|KING circulated a Sample Letter to every park owner on the firms marketing list,
advising all park owners to mail letters to their legislators, including the following pretext:
We have a responsibility for the health, safety and quiet enjoyment
of our whole community and if we are limited in our ability to control
those factors, the quality of mobile home park living will most certainly
be negatively impacted. Please vote no on AB 2026. [see Exhibit H]
The only thing negatively impacted by AB2026 was HART|KINGs racketeering enterprise
to facilitate grand theft of mobile homes via fraudulent evictions using Civil Code 798.75(c).
The Goliath law firm defeated consumer protections in AB2026 to ensure park owners could
continue using artificially inflated qualification standards to obstruct sales and/or subleasing
of privately owned homes by denying residency applications to compel owners to forfeit homes.
Exh. H HART|KINGs Campaign to Defeat AB2026 Consumer Protection Legislation
Exh. I Williamsons Self-Marketing ads on Linked-In Reciting his Triumps Over Consumers:
favorable jury verdict for property owner against racial discrimination claim
invalidated city adopted voter rent control initiative
closure of Treasure Island Trailer Park in Laguna Beach for redevelopment of resort
defense of California developer against investor litigation charging subdivision fraud
bankruptcy litigation claim against debtor by developer
subdivision conversionsSan Diego, San Bernardino, El Dorado, Napa, Santa Clara
exempting communities from rent control in Santa Cruz
Robert Williamson failed to advertise his fraudulent use of Civil 798.75(c) to steal mobile
homes from elderly, disabled, and mentally challenged occupants to enrich wealthy park owners.
Apparently he explains the racketeering enterprise over the phone as he solicits wealthy clients.
Exh. J Williamson advises park owners to limit residency to persons over 55, which is a pretext
used to steal homes from under 55 heirs or occupants by evicting them when a homeowner dies,
after denying residency under inflated qualification standards or because occupant is not yet 55.
HART|KING pounces on the distraught victim, who just lost a loved one, with its clearlyillegal
5-day Notice to Surrender Premises under Civil 798.75(c)---- evicting the victim forthwith.
The emotionally devastated heir, straddled with funeral arrangements, forfeits the mobilehome.
The sheriff locks out the victim-rendering the heir homeless. HART|KING serves the heir with
a default judgment for attorney fees, which is waived if the heir immediately conveys the title.
4
We realize you are running for Senator. However, if you expect THE PEOPLE to support
your campaign to represent them statewide, you must show THE PEOPLE you are ready and
willing to defend the rights of THE PEOPLE, including those who are disadvantaged because
they are elderly, disabled, and/or mentally challenged. These victims lack the funds to fight
the HART|KING firm who steals their homes at will to enrich themselves and wealthy clients.
Please do not assign an underling to reply with a you need to contact a local DA form letter.
IT IS A STATEWIDE RACKETEERING ENTERPRISE AND IT IS YOUR DUTY TO STOP IT.
Donald Trump is winning because people are fed up with elected officials avoiding their duties!
Penal Code 132. Offering false evidence
Every person who upon any trial, proceeding, inquiry, or investigation whatever,
authorized or permitted by law, offers in evidence, as genuine or true, any book, paper,
document, record, or other instrument in writing, knowing the same to have been
forged or fraudulently altered or antedated, is guilty of felony. Enacted 1872.
Penal Code 134. Preparing false evidence
Every person guilty of preparing any false or antedated book, paper, record,
instrument in writing, or other matter or thing, with intent to produce it, or allow it to
be produced for any fraudulent or deceitful purpose, as genuine or true, upon any trial,
proceeding, or inquiry whatever, authorized by law, is guilty of felony. Enacted 1872.
Annotations:
This chapter is broad enough to include any interference with the production of true
evidence, whether part of a scheme or plan to obstruct justice designed and begun before
litigation has been instituted or afterward. People v. McAllister (1929) 99 CA.37
This section does not require the finding of a specific intent, as the word "knowingly"
does not impart the idea of intent, but merely refers to a knowledge of the essential
facts which bring the act within the statute. People v. Horowitz (1945) 70 CA 2d 675.
The crime of offering false evidence, described in Pen Code 132, involves moral turpitude.
In re Jones (1971) 5 Cal 3d 390.
The objective of Penal Code 132 (offering false evidence), as with Penal Code 134
(preparing false documentary evidence), is to prevent the fraudulent introduction of
material in a proceeding under the authority of law. Application of the section to inquiry
proceedings is necessitated by the purpose of discouraging the introduction of this material.
People v. Pereira (1989, 3rd Dist) 207 Cal App 3d 1057
Racketeers prey on elderly, disabled and mentally challenged victims as they are easy to defeat.
The attached court filings prove racketeers continue to facilitate grand theft of homes statewide
by wealthy park owners, who pay HART|KING to prosecute fraudulent evictions to steal homes.
We demand that you discharge your duty to prosecute this statewide racketeering enterprise
under Penal Codes 487, 132 and 134.
EXHIBIT A
- --
SUM-1 30
SUMMONS
(ClTAClON JUDICIAL)
UNLAWFUL DETAINER-EVICTION
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NOTICE TO DEFENDANT:
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(AVISO A L DEMANDADO):
TINA DALEN aka TINA ALLEN and DOES 1to 10, inclusive
YOU ARE BEING SUED BY PLAINTIFF:
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You have 5 CALENDAR DAYS after this summons and Legal papers are served on you to file a written response at this court and hav&g&opy
served on the plaintiff. (To calculate the five days, count Saturday and Sunday, but do nof count other court holidays. tf the last day falls on a
Saturday, Sunday, or a court holiday then you have the next court day to file a written response.) A letter or phone call will not protect you. Your
written response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response.
You can find these court forms and more information at the California Courts Online Self-Help Center (w.courfinfo.ca.govlseIfheIp).,your county
law library, or the courthouse nearest you. Ifyou cannot pay the filing fee,ask the court clsrk for a fee waiver form. If you do not file your response on
time. you may lose the case by defautl, and your wages. mone), and property may be taken without further warning from the court.
There are other legal requirements. You may want to call an attomey right away. If you do not know an attorney. you may want to call an attorney
referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate
these nonprofd groups at the California Legal Services Web site (www.lawhelpcalifomia.org).the California Courts Online Self-Help Center
(w.courtinfo.ca.gov/seIfheIp). or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
costs on any settlement or arbitration award of 910.000 or more in a civil case. The court's lien must be paid before the wurt will dismiss the case.
Tiene 5 DlAS DE CALENDAR10 despds de que le enfreguen esta citacibn y papeles legales para presentar una respuesta por escnto en esfa
corte y hacer que se entregue una copia a1 demandante. (Para calcular 10s cinco dias, cuente 10s sabados y 10s domingos pero no 10s otros dias
feriados de la corte. Si el ultimo dia cae en sabado o domingo, o en un dia en que la corfe esf6 cerrada, tiene hasfa el prtjximo dia de corte para
presentaruna respuestapDr escrito). Vna carta o m a .Hamada felefdnica no b p t e g e n . Su respuesta por escrito tkne que estar en formato legal
correcto si desea que procesen su caSo en la corte. Es posible que haya un fomulario que usted pueda user pare su respuesta. Puede encontrar
estos formularies de la corte y mas infonnaci6n en el Centm de Ayuda de {as Cortes de California ~.sucorte.ca.gov), en la biblioteca de leyes de
su mndado o en la code que le quede mas cerca. Si no puede pagar la cuota de presentau6n. pida a1secretario de la wrte que le de un fomulario
de exenMn de pago de cuotas. Sino presenta su respuesfa a tiempo, puede perder el caso por incumplimiento y la corte le podrd quitar su sueldo,
dinero y bienes sin mas advertencia.
Hay otms requisites legales. Es recornendableque llame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio
de remisibn a abogados. S i no puede pagar a un ahgado, es p o s i M poe ~ l m p l a
con b s requisites para oMener senricios legales gratuitos de un
programa de servicios legales sin fines de lucm. Puede encontrar esfos grupos sin fines de lucro en e l sitio web de Califomia Legal Services,
(wwa.lawhelpcalifornia.org). en e l Centro de Ayuda de las Cartes de Califomia. (www.sucorte.c.a.gov) o pongndose encontacto con la corte o el
mlegio de abogados locales. A VlSO: Por ley, la code tiene derecho a redamar las cuotas y 10s costos exentos por imponer un gravamen sobre
cualquierrecup&racidn de $10.000 o mas de valor recibida mediante un acuerdo o una concesibn de arbitraje en un caso de derecho civil. Tiene que
pagar e l gravamen de la code antes de que la code puwla desechar el caso.
CASE NUMBER.
1. The name and address of the court is:
-I
(El nombre y direccion de la corte es):
Superior Court of California, County of San Bernardinb
303 W. Third Street San Bernardino, CA 92415-0210
2. The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is:
(El nombre, la direccion y el numero de telefono del abogado del demandante, o del demandante que no fiene abogado, es):
~dhn
H . Pentecost, Esq., Bar No. 99527, Robert G. Williamson, Hart, King 8 Coldren
Jr., Esq., Bar No. 7'3176, Damell P.White, Esq., Bar No.
200 Sandpointe, Fourth Floor. Santa Ana. CA 92707
714-432-8700
270038. Irene L. Kiet, Esq.. Bar No. 225007
3. (Musf be answered in all cases) An unlawful detainer assistznt (Bus. & Prof. Code, $5 6400-6415) @ did not
did
for compensation give advice or assistance with this form. (ffpiainfiffhas received any help or advice forpay from an unlawful
detainer assistant, complete item 6 on the next page.)
5" --Csr - -;
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Date:
Clerk. by
,:
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i-i~ci*i~t.J?
Deputy
(Fecha)
/l.PR 1 8 2Qlt
,.
(Secretario)
(Adjunto)
(For proof of service of this summons, use Proof of Service of Summons (form POS-01 O).)
citafion use el fornulano Proof of Service of Summons, (POS-MU)).
4. NOTICE TO THE PERSON SERVED: You are served
as an individual defendant.
a.
as the person sued under the fictitious name of (specifyl:
b.
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;----,
c.
as an occupant
d.
on behaif of (sp&fy):
under:
5.
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- .SL~~~MONS-UNLAWFUL
DE~AINER-EVICTION
.. .
--
--
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- .- -Pape
- t. of 2
10
Plaintiff,
3
TINA DALEN aka TINA ALLEN and
P)OEi 1 through 10, inclusive,
AMOUNT i
N CONTROVERSY LESS
THAN $10,000
Defendants.
--
20
I1
Plaintiff alleges:
1.
is, and at all times herein mentioned was, a general partnership organized and existing
pursuant to the laws of the State of California, and duly authorized and licensed to conduct
business in the State af California.
2.
has complied with any and all applicable requirements of Business and Professions Code
Q* 17910, etseq.
3.
Defendant Tina Dalen aka Tina Allen is, and at ail times herein mentioned was
28 an individual residing in the City of Highland, County of San Bernardino, and within the
COMPLAINT f O R FOXC,'lBI,E D E T A I M E R
The true names and capacities of the Defendants Does 1 through 10, indusive,
1 court to amend this Complaint to show DOE Defendants' true names and capacities when the
i
5.
Plaintiff is informed and believes, and upon such infomation and belief
alleges, that at all times herein mentioned, DOE Defendants, and each of them, are in
possession, either in person or by subtenant, of the premises described hereinbelow.
6.
or to any of them, is intended to be and shall he a reference to all Defendants herein, and to
each of them, named and unnamed, including all fictitiously named Defendants.
7.
The real property which is the subiect of this Complaint is located within the
judicial district and County in which this action was brought. The real property is commonly
known as 4040 E. Piedmont Drive, Space 124, Highland, California, 92346 (hereinafter the
"Premises").
8.
thereof.
9.
This action is brought pursuant to Section 1159 el seq. of the California Code
of Civil Procedure. The total amount in controversy does not excecd Twenty-five Thousand
Dollars (%25,000.00). Plaintiff hereby waives the demand for, and remits recovery of, any
and all sums in excess of the jurisdictional limits of this court, exclusive of costs and interest.
10.
On or about March 28, 201 1, Plaintiff served on Defendants a written Five (5)
2
COI.IPL.4INT FOR FORCIBLE DET.4iNER
. --
11.
Pursuant to Section 1162 of the California Code of Civil Procedure, the Notice
was posted in a conspicuous place at the Premises, and a copy of the Notice was sent by U.S.
Mail to Defendant at the Premises. A true and correct copy of the Proof of Service is
attached hereto, marked Exhibit "2" and incorporated herein by this reference.
12.
The period stated in the Notice for Defendants to quit the Premises expired on
April 4, 201 I . Defendants have failed to deliver up possession of the Premises as denanded
therein.
13.
approval, without signing a rental agreement, and without becoming the registered owner of
the mobilehome situated at the Premises, entered into
14.
of the Premises.
Following service of the Notice, Defendants have continued to hold and keep
possession of the Premises without Plaintiffs consent or approval, without signing a rental
agreement, and without becoming the registered owner of the mobilehome situated at the
Premises.
15.
force and in violation of Civil Code $798.75 by failing to sukender the Premises to Plaintiff
up to and including the date of this Complaint, and Defendants are threatening to remain
permanently in possession of the Pranises. Defendants' detention of the Pranises has been
willhl, intentional, deliberate and obstinate.
16.
The reasonable rental value of said Premises is 'Fhirty-One Dollars and Thirty-
Seven Cents ($31.37) per day, plus utilities actually consumed, and damages to Plaintiff
caused by the acts of Defendants as alleged have accrued at that rate since April 5,201 1 until
judg~ncnt,and will continue to a c m e at that rate as long as Defendants remain in possession
of said Premises and until possession is restored to Plaintiff.
17.
Civil Code I j 798.85 provides that, in any action arising out of the provisions of
the Mobilehome Residency Law, the prevailing party shollld be entitied to reasonable
attorneys' fees and costs, Plaintiff has retained the law firm of Ilart, King & Coidren as its
attorneys, and has incurred and will continue to incur attorneys' fees, the full extent of which
X56%.M114819-81tlI-7337~.
I
3
COkfPLAINT FOR FORCIBLE D&T/tlhJER
is current1y unascertained.
WHEREFORE, Plaintiff prays for judgment as follows:
1.
2.
For damages at the rate of Thirty-One Dollars and Thirty-Seven Cents ($3 1-37)
per day from and after April 5, 201 1 , as the reasonable rental value of the Premises until
judgment or for as long as Defendants, or any of them, continue to occupy the Premises;
II
3.
For interest at the legal rate on all sums due hereunder, from the date hereof;
4,
5.
6.
For such other and further relief as the Court may deem just and proper.
13 Dated: April
14
15
I6
17
18
TO:
California Civil Code 5 798.74 specifically provides that management has the right to
prior approval of a purchaser of a mobilehome that will remain In the Park. Further,
California Civil Code 3 798.75(b) provides that: "In the event the purchaser fails to
execute the rental agreement, the purchaser shall not have any rights of tenancy."
It appears you have moved into the mobilehome at Space 324 in Mountain Shadows
Mobilehome Community (the "Park"), but have failed to sign a rental agreement and
have not applied for tenancy in the Park. The Park is aware that you previously acted
as the caregiver for Joyce A. Dalen, who apparently now resides in a convalescent
home. Since you are no longer acting as a caregiver for the resrdent of Space 124, you
are now an unlawful occupant and must immediately surrender possession and vacate
the Premises.
THIS IS TO NOTIFY YOU THAT YOU ARE OCCUPGING A MOBILEHOME SITE
WITHOUT THE APPROVAL OF MANAGEMENT AND THAT YOU HAVE FIVE (5)
DAYS TO SURRENDER THE SITE OR MANAGEMENT WlLi INSTITUTE JUDICIAL
PROCEEDINGS AGAINST YOU,
'THIS NOTICE IS INTENDED AS A FIVE (5) DAY NOTICE TO VACATE THE
PREM1SES.
WARNING: The California Civil Code 5 798.85, provides as follows:
Page 2
WARNING: The California Code of Civil Procedure 5 1033 jb) (21, provides as follows:
When a prevailing plaintiff in a limited civil case
(b)
recovers less than the amount prescribed by law as the
maximum limitation upon the jurisdiction of the srnali claims
court, the following shall apply:
When the party could have brought the action
(1)
in the small claims division but did not do so, the court may,
in its discretion, allow or deny costs to the prevailing party, or
may allow costs in part in any amount as it deems proper.
(2)
When the party could not have brought the
action in the small claims court, costs and necessary
disbursements shall be limited to the actual cost of the filing
fee, the actual cost of setvice of process, and, when
otherwise specifically allowed by law, reasonable attorneys'
fees. However, those costs shall only be awarded to the
plaintiff if the court is satisfied that prior to the
commencement of the action, the plaintiff informed the
defendant in writing of the intended legal action against the
defendant and that legal action could result in a judgment
against the defendant that would include the costs and
necessary d isbursements allowed by this paragraph.
;.
"q
me Comrnuntty
PROOF OF SERVICE
TIna Dalen.aka Tina Allen
And all Residenla in Po5~assion
4040
Address:
Dai6 of Service:
Docwnenl(a) Served:
'Three (3) D3y Nolice fo Pay Iien! and Sixty (60)Ray ' N ~ t lto
~ e'feminale'Possession
Three (3) Day Nalice ta'Pdrlormhveneeis end Sixty (60)Bay Notice torerminale PossessirrmSeven (7) Day Nolice {Civil Code 5 798.56)
Sirty (60) .Daylilatiic.lo Taminale Possession
Five (5) .Day Ncilce (Glvil Code) 798.75&]
U
'U
fi
.me(hod NO. 1: On Ihe dale of Senrlce set lbrfh akm, I served Ihe abnve referenced fiocumenlts! on f h ~enarrt{s)
~
by
lenanl. .pursuanl to California Code of Civil
personally delivering a copy lo -...-
P~ocedure5 1162.
Method No. 2: On ihe dale oi Sewice .set 'forth above. i served the above-relerenceddacumenl(s) by leaving z copy wilh
son,e person of suilahle.age end-discrellonat Ihe address set k r t h abcw, and sending a copy lhrough fhe mail addressetf Lo
]he tenanf(s) at the place of residancrs, purwanl lo Calirwnie Code of Cfvil Procedure3 1162.
m'
Method No. 3: On the dafe of Senria! -set -forth above, 1 sewed-the ebow-rsfer~nceddacurnent{s) by affixing e copy in a
~o:ons@cuous
place on Ihs property. rind -also.sehdlnga copy through the maif addressed 10 the fenanl(s) at the place where
fhe properly Is -situaled, pursuanf la Calliornia Code of Civll Procedure 5 1762.
AODlTIONAL sewlcE .requiremen1 applbble OMtY lo oewlce o'f .any'Strty.{GD) Day Notice (pursuant
Three (33 Day Noitce It the lenanl
no\cursd Ihe default (pursuant Io CMI Code.$.758.56(eKl)):
10 Civil Cods
5 798.5Sfb)) and
ha6
M/
In sddilion lo serviu? uwn Ihe lena 5 s - el forth above, a copy of the nolicets) were .sent !O Ihe legs! and registered
owners of the mobilehome. vn
,MI(.who sre other lhsnrhe iesrd(a). .bywNOed or l ~ g i s l c r r dOnil~d
States mail ruilhin len (10) days of Ihe ale of service set forth above, atfdressed lo the !?gat and regidered owners who are
alher lhan lenanf(s) at the nddress(es) betm.
Reffistered Owner
="
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EXECUTED lhis
zgf
day .of
Mar
, California
EXHIBIT B
SUMMONS
r
G l T ACION JUDICIAL)
SUM-1
FFCWRT
USE ONLY
/SOLO PARA USOM LA
CORTEI
FILED
UNLAWFUL DETAINER-EVICTION
( ~ E T E N C I ~IL~CITA
N
DE U N INMUEBLE-DESALOJO)
NOTICE f 0 PEFENDANT:
AUG 2 7 2012
1 to 10, inclusive
YOU ARE E ~ I N GSUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
STUBBLEFIBLD PROPERTIES, a California general partnership dba
BY,
CELlA FIERRO, DEPUll
/ " I O D S 1 2 0 4 ~ 3 ~1
AU4 f l
r
(F or proof ot seqice of this almmons, use Proof of Service of Summons (form POS-OYO).)
jPafX8
- pruebs de entrega de este cilstidn use el fonulario Proof of Service of Summons, (POS-010)).
(SFMI
TO THE PERSON SERVED: You are seged
as an individual defendant.
as the person sued under
c.
as an occupant
on behalf of (specify):
d.
under:
CCP 416.10 (corporation)
CCP 416.20 (defunct corporation)
C) cCP 416.40 (association or partnership)
CCP415,46(0ccupant)
g
by persons1 delivety o n (dale):
-5
L.
-.
C7
=m';x7-20(z
Paga f of 2
SUMMONS-UNLAWFUL OETAINER-EVICTION
1167
HHIY wuThntb.ca.gov
FiI-ED
AUG 2 7 2012
BY
CELlA FIERRO, DEPUTY
1I
lo
STUBBLEFIELD PROPERTIES, a
California general partnership dba
MOUNTAIN SHADOWS
MOBILEHOME COMMUNITY,
14
Plaintiff,
Case NO.:
UDDSIZ04130
l9
H
n
H
R
I
Plaintiff alleges:
1.
Plaintiff Stubblefield Properties, a California general partnership dba Mountain
20
21 Shadows Mobilehome Community ("Plaintiff') is, and at all times herein mentioned was, a
22 general partnership organized and existing pursuant to the laws of the State of California,
23 and duly authorized and licensed to conduct business in the State of California.
Plaintiff is doing business as Mountain Shadows Mobileholne Cornrnunity and
R
25 has coinplied with any and all applicable requirements of Business and ~rofessionsCode
24
26
2.
1I
1I 9
1 79 10, el seq.
3.
Defendant Bonnie Shipley is, and at all times herein mentioned was an
2711
28 individual residing in the City of Highland, County of San Bernardino, and within the above1
.!6561.022/4850-2956-1296~. 1
The true names and capacities of the Defendants Does 1 through 10, inclusive,
Plaintiff is informed and believes, and upon such information and belief
alleges, that at all times herein mentioned, DOE Defendants, and each of them, are in
possession, either in person or by subtenant, of the premises described hereinbelow.
6.
or to any of them is intended to be and shall be a :reference to all Defendants herein, and to
each of them, named and unnamed, including all fictitiously nained Defendants.
7.
The real property which is the subject of this Co~nplaintis located within the
judicial district and County in which this action was brought. The real property is com~nonly
known as 4040 E. Piedmont Drive, Space 333, Highland, California 92346 (hereinafter the
"Premises").
8.
thereof.
9.
This action is brought pursuant to Section 1159 et seq. of the California Code
of Civil Procedure. The total amount in controversy does not exceed Twenty-five Thousand
Dollars ($25,000.00). Plaintiff hereby waives the demand for, and remits recovery of, any
and all sums in excess of the jurisdictional limits of this court, exclusive of costs and interest.
10.
--
--
2
36568.02214850-2976-1 2 9 6 ~1.
1 1.
Pursuant to Section 1162 of the Califcrnia Code of Civil Procedure, the Notice
was posted in a conspicuous place at the Preinises, aind a copy of the Notice was sent by U.S.
Mail to Defendants at the address of the Premises. A true and correct copy of the Proof of
Service is attached hereto, marked Exhibit "2" and incorporated herein by this reference.
12.
The period stated in the Notice for Defendants to quit the Premises expired on
August 16, 2012. Defendants have failed to deliver up possession of the Premises as
demanded therein.
13.
approval, without signing a rental agreement, and without becoming the registered owner of
the mobilehome situated at the Premises, entered into possession of the Premises.
14.
Following service of the Notice, Defendants have continued to hold and keep
possession of the Premises without Plaintiffs consent or approval, without signing a rental
agreement, and without becoming the registered owner of the mobilehome situated at the
Premises.
15.
force and in violation of Civil Code $ 798.75 by failing to surrender the Premises to Plaintiff
up to and including the date of this Complaint, and Defendants are threatening to remain
permanently in possession of the Preinises. Defendants' detention of the Preinises has been
willful, intentional, deliberate and obstinate.
16.
The reasonable rental value of said Premises is Thirty Dollars and One Cent
($30.01) per day, plus utilities actually consumed, and damages to Plaintiff caused by the
acts of Defendants as alleged have accrued at that rate since August 17, 2012, until
judgment, and will continue to accrue at that rate as long as Defendants remain in possession
of said Preinises and until possession is restored to Plaintiff.
17.
Civil Code $ 798.85 provides that, in any action arising out of the provisions of
the Mobilehome Residency Law, the prevailing party should be entitled to reasonable
attorneys' fees and costs. Plaintiff has retained the law firm of Hart, King & Coldren as its
attorneys, and has incurred and will continue to incur attorneys' fees, the full extent of which
3
36568.02214850-2976-12 9 6 ~1.
C O M P L A I N T F O R FORCI'BLE D E T A l N E R
is currently unascertained.
WHEREFORE, Plaintiff prays for judgment ;as follows:
1.
2.
For damages at the rate of Thirty Do1:lars and One Cent ($30.01) per day from
and after August 17, 2012, as the reasonable rental value of the Premises until judgment or
for as long as Defendants, or any of them, continue to occupy the Premises;
3.
For interest at the legal rate on all sums due hereunder, from the date hereof;
4.
5.
6.
For such other and krther relief as the: Court inay deem just and proper.
By:
<
oh' N.Pentecost
Richard P. Gerber
Darrell P. White
Justus J. Britt
Attorneys for Plaintiff
WARNING: -The Califorr~iaCode of Civil Procedure 5 1033 (b) (2), provides as follows:
(b)
When z prevziling plaintiff in a limited civil case
recovers less than the amount prescribed by law as the
maximum limitation upon the jurisdiction of the small claims
court, the following shall apply:
When the party could have blrought the action
(1)
in the small claims division but did not do so, the court may,
in its discretion, allow or deny costs to the plrevailing party, or
may allow costs in part in any amount as it deems proper.
(2)
When the party could not have brought the
action in the small claims court, costs and necessary
disbursements shall be limited to the actual1 cost of the filing
fee, the actual cost of service of process, and, when
otherwise specifically allowed by law, reasonable attorneys'
fees. However, those costs shall only be awarded to the
plaintiff if the court is satisfied that prior to the
corr~mencement of the action, the plaintiff informed the
defendant in writing of the intended legal action against the
defendant and that legal action could result in a judgment
against the defendant that would include the costs and
necessary disbursements allowed by this p,aragraph.
,/.-
/---
Atrornex or ? a r ~ '~r.irhorrrAnorriqi:
JOHN H. PENTECOST, ESQ.: Bar #99527
HART, KING & COLDREN
200 SANDPOINTE AVENUE
4TH FLOOR
SANTA ANA, CA 92707
FAXNo: 71 4-546-7457
Teleplrone No: 7 14-432-8700
PROOF OF SERVTCE
FTVE (5) DAY NOTTCE
I~earirr~
Dare:
Tinrc:
Depf/Dilc
Case N~rmher:.
unavailable
I. Al !he rime of senrice / was a! leas! 18 jlears of age and nor a party ro /his acrion.
2. 1 served copies of the Five (5) Day Notice T o Surrender Possession
3. a. Par-I!,served:
4.
Bonnie Shipley
5. I ser-ved [hepar-h~:
d. by other means 011: Sat., Aug. 1 1, 201 2 at: 9:45AM By posting a copy for eaclh tenant in a conspicuous place on the property
therein described, being no person of age and discretion to be found of said tenant(s) at property where situated, and mailing.
party in item 3
(2) (Home)By posting a copy for each tenant in a conspicuous place on the property therein described, being no person of age
and discretion to be found of said tenantis) at property where situated, and ];nailing.
(4) 1 thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served at the place where tl~e
copies were left (Code Civ. Proc., 115.20). I mailed t l ~ edocument on: Sat., Aug. 11, 2012 from: HIGHLAND, CA
7. Person Wlro Served Papers:
a. Alejandro Valenzuela
3600 Lime Street, Suite 626
Riverside, CA 92501
Telephone
(951) 779-11 10
Fax
(951) 779-01 00
www.firstlegalnetwork.com
$90.00
Orange
Sat, Aug. I 0,201 3
. I declare rrrrder-pcnul~~
ofperj~rr:~~
urrder-the larvs of the State of California fhof /he foregoirlg is trrre n r r ~ ( ~ o ~ r e c t .
Dare: Tlre, Aug. 14, 2012
Judicial Council Form
tulc t.l5n.(a)...(h)
PROOF OF SERVICE
FIVE (5) DAY NOT1 CE
-!
1.
For
Afror7ieyfor:
Ir~sennome of Courf, and Judicial Disrricr and Brorich Courf:
PROOF OF SERVICE
FIVE (5) DAY NOTICE
Heari~rgDale:
Time:
Depf/Div:
Case Nuniher:
unavailable
1. Ar rhe rirne of sen~ice1 i.va.7 al leas1 18j~earsof age and nor a party 10 this aclion.
$35.00
(0 Independent Contractor
(ii) Regi.srrarion No.:
1679
(iii) C O I J I T ~ :
(iy) Espirarion Dare:
Orange
Sat, Aug. 10.201 3
PROOF OF SERVICE
FI\'E
( 5 ) D A Y NOTICE
VERIFICATION
4 contents.
I am a party to this action. The matters stated in the foregoing document are
5
6 true of my own kno~vledgeexcept as to those matters which are stated on information and
7 belief, and to those matters I believe them to be true.
I am
an officer
a partner
9 this verification rather than Plaintiff for the reason tl7a.t am the custodian of records and
10 person most knowledgeable of the facts alleged in !:he C:oinplaint and maintain the files and
I I records for Mountain Shadows Mobilehome Community. I am authorized to make this
12 verification for and on its behalf, and I make this verification for that reason.
I aim informed and believe and on that ground allege that the matters stated in
13
I am informed and believe and on that ground allege that the matters stated in
15
16 the foregoing document are stated on inforination and belief, and as to those matters 1 believe
17 them to be true.
IS
19 Such party is absent froin the county of aforesaid where such attorneys have their offices,
I1
30 and I n~alcethis verification for and on behalf of that part): for that reason. I. am informed
21 and believe and on that ground allege that the rnatters stated in the foregoing document are
22 true.
23
Executed on August
24
T declare unde.r penalty of perjury under the laws of the State of California that the
1I
Marvin Freeman
/Y) R U I N F/PIZXEA~R
AI
Type
or
Print
Name
28
27
EXHIBIT C
f?
11
21
22
23
24
25
Case No.
--
---
"
filed: 8-27-2012
0-2012
0-2012: court continued to 12-17-20 12
-1 3-2012:ct vacated due to death P's side
20
------"--*>
l7
18
--
1. I am an attorney over 18, not a party, and make these statements based on personal knowledge.
1 2.
1
1
1make these statements in support of defendant's motion for summary judgment and opposing
plaintiffs motion for summary judgment. My statements relate to the parties' dispute concerning
legislative intent in enacting Civil Code 5798.75 in 1987. Attorney McCarmn provided me with a
of "Plaintiffs Supplemental Request for Judicial Notice" filed for a January 10,2013 hearing.
/ copy
attached Exhibits I 4 ) . I have amched the relevant Exhibits L, M, and N addressed below.
11 3. (with
From 1980 to 2008 I was a registered lobbyist at the State Capitol representing Golden State
Mobilehome Owners League, Inc. (GSMOL) GSMOL opposed the bill which created Civil Code
Section 798.75 and requested specific amendments to the bill which were made to the legislation
before it was passed and enacted by Civil Code Section 798.75. 1 was personally present during all
hearings on the bill and I have persong knowledge of the le~islativeprocess as I represented
-0DECLARATION OF MAURICE A. PRIEST SUPPORTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
& OPPOSING PLAIN'I'IFF'S MOTION FOR SUMMARY JUDGMENT
EXHIBIT "L"
EXHIBIT "M"
556
fLgwisj
.mar=
Would p r c v l d e t h z t a n % a w f u l occupant of a
mobilehome park s i t e uoafd BE s u b j e c t t o s2clmili~arye jecimsnt
proceedir:ys whore h e r e f u s e s t o s u r r e n d e r t > ~ e~ i t e5 d a y s
a f t e r demand from p a ~ kmanzcjenon"; :unless h e neet.s ",ha
fc2lovdng provizisns: 4 ) O c c u p a n t 4s t h e registered ncmer 0 5
t h e mobilehome; 21 Hanagernent 5 2 s zequised p r b c s apprr;val of
t h e o c c u p a n t a s 5 prospectfv? homeowner and h a s n o t r e j e c t e d rIthe o c c u p a n t :
and 3 ) Management f a i l e d to o f f e r t h e
.-a
homeowme,- a rental agreement f o l l a w i ~ g 5-ppxcva2 a s a
(D
0
cO
psosgective hoseowner, -Tiscal effect: No s t a t e
,--.
zeLnbursement fox ma3dited l s c a l . prograpnE b e c a ~ it.
~ . r~e v i s e s 2
--
a c t i o n s subject to a crdmina9 p e n a l t y .
03
by Eestern Mobilshome k s s n . ( C r a i g B i d d l e
W
seed
- by Golden S t a t e Ncbilehorne S - d ~ e r sk e a g u s , 2
[ & a _ ~ rIyp r f e p e
fGO"u-422-4431)=
'
W
-
- &
Reg;L\iicafi Csr=Ly,ii;t:+ei2aec
Judiciary
4/22/87
WsscTbPy
4I
--
Ayes :
Koe z :
7;
e ? c
.
<
Abs, :
C o n s u l e , z n z : >ierk Wednond
+
z
W
zc
W
2
t-
V7
C3
5
$?
p
*a0
s
EXHIBIT "N"
;-,a
G.J
......
.
G
z
z--"
-
r-
u 0 G
P C -
M ?
m
.<
- 5
-- -..
PE 57
EXHIBIT D
FILED
SUPERIOR COURT
OF SAN BERNARDlNO
AFPi3XS DIVISION
v.
'
BERNARDINO,
Respondent,
STUBBLEFIELD PROPERTIES, A
CALIFORNIA GENERAL PARTNERSHIP
DBA MOUNTAIN SHADOWS
MOBILEHOME COMMUNITY,
Real Party in Interest.
Nancy D. ~ c ~ a r r oEsq.,
n , for petitioner and defendant.
EXHIBIT
EXHIBIT E
i,
SUM4
30
--
. i . : 4!':
*,
,,
02/17
PAGE
:*
FOR LWrnTIISEOrVLY
ISOLO P A M US0 &EL4 CORT&i
SUMMONS
(CfTAClQlV JUDIClAL)
UNLAWFUL DETAINER-EVICTION
(RETENCIQN NLILICAXJE
U# INMUEBLE-LIESALOJQ)
NOTICE TO DEFENDANT:
'
(AVrSQ AL DEWIVDADO):
YOUhew 5 CALENDAR'OAYS ' S r W$ smrhons and legal papers are served on you t~ file a written respunsa at +hiswurt and have a copy
sewed on the plaintiff. (To ~aleulatethe five days: own1 Saturday and Sunday, but do nat count other court holidays. HIhe lasl day fatle an a
Saturday, Sunday, or a wurt holiday than you ha* the next court day to file a wrltten response.) A lab?#w phone call Hill wt protect you. Your
written response must be In proper legal form if ybu wdm ther court to hser y w r case. There may be a wurt tom thdt yw can use for your wsponse.
You can find hese m r t lwmc and mare Information at the Caiifarnia Courts Onllne Self-Help Center ( ~ l ~ ~ . m u r t l n k . ~ a . ~ v / s eyour
1 f Accrunty
e~~,
lawlibrary, gr the cburlhwse nearest yau. If yw k n n M pay fhe filing fee, ask the court dark for a fee waiver form. If you do not file your wsporrse on
time.you may h e the case by dafault. and your hues, money, end property may be taken wiLhwt furtbr warnlng fmm the c b ~ r t .
Them are other legal requirements. You mey want ta call an a'itumey right m y . If you do not know an sttdmey, you may want to call an attorney
referral senice. If p u cannot afford an attorney, you may be ellgible for free l e d services from a nonprofit legal services program. You m n ~ocate
these nmpmflt gmups at the California Legal $@VICES Web site ( w 4 . 1 ~ . ~ a w h e l ~ a I ~ ~
the
~n
C Ieal i.i~d}a, h u r t s Online Sdf-HelpCentrer
(m,mrNn~.Cggav/sB~p),
or by mintacting b u r Ioml court or county bar assaciatiarl. NOTE: The wurt has a statutory nen for w a W fws and
costs on any sefflement or arbikatlbn award of $?[1,000
or more in a clvll case. The oourt's lien must be pald before he court will dismlss the case.
Tiene 5 bhS DE CALENDAR10 tkspu6a de tjue le edraguen esta cjtwckj~y owel= W f e s para presentdr urta ms,w~s&pw e m w esta
t~rfe hacerque se h g u e we c@a el demandante. (Para celclrier ins clnm dlas,cvente [ass i b a h y k doml&ws pew no los otfos dlas
n o$ & /a &B.
SI el Oltlmo dZa me en abbe+ o dodngo, o en un dia en que la cwte rde c m d ~time
,
hasie dpravlma dfa de mtb para
i
,
presentar una reg;luestapw esEmb]. Una W e u una Ilanlebe telefdnlca no lo prolegen. SUmspu#sta piw ~ w i ijene
b qm & r m BrmefO k k d
m&si &ma qve p
n mr cam eh ie C O K ~ E
. s poslble que haya un farmulado que usfed pcreda ussr para su reqxmdu. m
de Q n c H h
cstw ~rm~~' de Q
nibf n h a & n en el GeMm bAyuda de tas Cotte.ds CaIirinnla @wwma~de,w-gav),
~n a
! MbRufe~ads I * p b
sv mndado o en la m&. qve le qmde mds ma.SI no pmde p e g s la cuafa de presentecidn, pida a1 secretarlo de IBcwte qua 18 de un f ~ r m l ~ r i o
de e x e n m de peg0 de cuafar Sl no present@Prespu~s!aa tlemp, p u d e perder d mso por incumplimienta y la ixute lepodrdquifaf su suem,
dinerr,y bienee sin m i r adwi%h&.
tequisiios legales. 8 remndabf$ qua Ilarne a un sbogado ifimadfetamenfe. Si no cono~ea ur, abogado}puede llernar a rn servlcb
Hay
do wmlsldn a abogadua, Si no pupagar a uniabogedo, es pmik que cvmpla cm iasrequIsiras para obtener mvidas legalesgmfrrifosde un
p c g m a de setvlclos legales Bin Iines be f m . Puade enconhastos n o s sln flnes de l u m WI el sifb wwh dk Ca1RIomia LegdServlces,
~ . l a w h e l p ~ I i f i x n I ' a . oen
~ el
, Cenh de Ayrlde 6 lei! Cartes de Galihxnia, (hw.sircorte.ca.gov) opanidndose en mnfacto con I@
0 el
calegfo& abogados l a o a k AVlSO: Por Iey, la $ode k n e derecho a mhrnar las ouates y IDS cashs t~entosporinrponerun gravamen sobre
walquier mapwchln de S10,WM d mSle du vetqmdbida medianto un eouerdo a una cmoesidn da arbittaje err un aaso de ~ B I B C&.
~ ~ I T h e que
pagar el gravamen be le cur& anies ds que la w&i p ~ e &dasachar el cam.
W E NUMBER:
1. The name end address of the court is: ;
.J
'
'
. li\r~md~4crrsn}:
30-2016-00832458-CL-m-N
3. (Must be answered in dl cases) An unfa$ul detainer assletant (Bus. 4% Pmf. Code, $5 6400-6415)
did not
did
for compensation give advlce or assistance with this bm. (If plaintif has rew'ved erry help or advlck for pay fro%&unlawful
delainer assistanf, mmpkie Item 6 on th'e ffextpage.)
Date;
Clerk, by
(F~&I 0 1 / 2 8 / 2 0 1 6 Man ~ s m l s o n ,q s r k of tha mbrt (Secrebnb)
(Ad]unbJ
L
Mora
(Fbr Hoof of m ' c e dthis summane, use P h f of Service of Summons ( f m POS-010).)
de esia cifaiidn usq el hrmulario Proof of Serviw of Summons, {POS-010~.
THE PERSON SERVED: You arc! served
i as an ihdlvidual defsndant. u ~ # ~ i _ ~
i as the person sued under e fictitiwsname
c.
as an occlrpant
d. (II ion Behalf of (specie):
under;
CCP 416.10 (corporation)
C] CCP 416.60 (minor)
CcP 416.20 (defunct corporation) .
CCP 416.70(conservatee)
CCP 496.40(association or partnership)
CCP 416.90(suthorl-~edperson)
u
CCP 415.48 [occupant)
other (sped&):
by personal delivery on (date):
5
.
b
0
2 -f -2~16
bTfIrS(l~bdfW
M W l w U88
~ ~ ~ M ~ . ~ ~ S - U N L ADETAINER-EVICTION
WFW
Page i d 2
CtldeafCMI Rw~UII~%,
412.91. 415,466, 1 1 s ~
ww.wuWo.capv
EXHIBIT F
1I~ttorneysfor Plaintiff
II
II
v.
10, inclusive,
Defendant (s).
)
$5
Assem. Third Reading, (1987 - 1988 Reg. Sess.) AB 556, as amended: May
36631.01 814821-4609-0798v.l
EXHIBIT G
II
Plaintiff,
[UNLAWFUL DETAINER]
DEMAND FOR JURY TRIAL
Defendants
21
22
23
24
25
11
I11I
GENERAL ALLEGATIONS
Pursuant to California Code of Civil Procedure $431.30, this answering Defendant denies
generally and specifically each, every, and all the allegations contained in the Complaint for Unlawful
Detainer, and each alleged cause of action contained therein, including denial of all sums and amounts
II
Defendant fiuther denies that Plaintiff has sustained, or will sustain, any loss or damage by reaso
1)
27 of any act, omission, misrepresentation, or any other conduct or absence thereof on the part of
IIDefendant, and deny that Defendant not guilty of violation of Code of Civil Procedure 1159, nor hasI
26
is
EXHIBIT H
*.
-LG
Case 5:15-cv-00796 Document 4 Filed 04/23/15 Page 185 of 274 Page ID #:542
Case 5:15-cv-00796 Document 4 Filed 04123115 Page 186 of 274 Page ID #:543
Because of the high cost of eviction, landlords have a keen inbresf in determining that a
prospective tenant has the financial ability to pay the rent and other charges of the park,
including their mortgage. Leaving this ability only to the bank$ is unfair to a property owner
I
trying to control their property and business,
A5 2026 ties the park management's ability to prevent a potdntlally bad experience for the
management and community residents. Residents in manufaptured housing communities live In
dose quarters and their neighbors can either make or break /heir experience. It is very dlffnxllt
to evict a resident for reasons other than a failure to pay rentjafter they move in.
We have a responsibility for the health, safety and quiet enjobment of our whole community and
if we are limited in our ability to control those factors, the qudity of mobile home park living will
most certainly be negatively impacted.
I
Sincerely,
atg211!5
2014)
A%-2016 Mobilehome parks: sales. (2013-
Resuk j
05/29j&Q (F&IL)
i &w+ h e * WR
lptation
; Assernbly Flour
26
. . .
A . . . . . .
34
.
.Motten
19
-,-,
,,-----..
---
......
......,......
i .
"
.................................
. . . . . . . . . . . . . . . . ..-,. .
.................. ...........
>
j Now: Allen, @iQelow,Bonilla, Buchanan, ~hd$&, Dzbabneh, Dahle, Daly, Donnelly, k m ~ r a z i e r ,Beth Gaines, Cam,
Waidron, Wiik
. . . . . . . . .
. . . . . . . . . . . . . . . . . . .
,..- . . . . . . . . . .
No Votes ~ecordid:~ ~ h a d f l a nDocanegra,
,
Bradford, Brown, Jan Calderon, Conway, Co~ley,Eggman, Garcla,
: Ganzelez, Corell, Hall, R z y r r.i..-.indeq Jones,Flazatian. Pan, RidIey,Tfton~as,Tmg
..........................
---
tea,
(2013-2014)
\
t
1
/1
I
Existing law auttlorizes the managernent of a mobilehome park to require prior approval of a purchaser of a
mobilehome that will remain in the park. Existing law also prohibits management from withholding approval if
the purchaser has the ability to pay the rent and charges of the park, except as specifled. Existirrg iaw
aumorlzes management to require the purchaser to document the amount and source of his or her gross
ii^i?nthly income or Other means of support but prohibits management from requiring personat i m m e tax
returns as evidence. Existing law ir?~~,;~::!':: management, upon request af any prospective homeowner who
proposes to purchase a mobilehome that will remain in the park, to inform that person of the information that
management will require to determine if the person will be acceptable as a homeowner in the park. Existing law
permits the management or owner t o be held liable for all dzmager if tfw approval of a ~ s p e c t i v e
homewner
in withheld for any unauthorized reason.
.I
This bill wauid require the purchaser to be presumed to have the financial ability to pay the rent and charges of
the park if he or she has been approved for a loan to purchase the mobilehome that the purchaser intends to
occupy, or if the purchaser has not been approved for a loan, based upon conslderation of all information
provided by the purchaser regarding his or her assets and ability to generate income demonstrating sufficient
monthry Income that meets or exceeds the income standard disclosed by management. The bill would prohibit
that income standard From exceeding a muitlplier of 3 tirneS the purchaser's income over the projected
1
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wee4mg-kb-M
-r he bill would
1
1
4 m l B
the purchaser's prior tenancies, be or she wllI not comply with the rules and regulations of the park. i n
determining whether the purchaser has the financial ability to pay the rent and charges of the park, the
management shall not require the purchaser t o submit copies of any personal income tax returns in order to
obtain approval for residency in the park. However, managernent may require the purchaser to document the
amount and source of his or her gross monthly income or means of financial support, but i n no event shall the
income standard exceed a multiplier of three times the purchaser's income over the projected housing-related
expenses to be paid by the purchaser in connection with the proposed mobile home tenancy.
II
(b) For purpcses of determining the prior approval of a purchaser pursuant to thls section, all of the fuklowfng
shall apply:
(1) A purchaser shall be presumed to have the financiaf ability to pay the rent and charges o f the park if the
purchaser has been approved by a state or federally chartered financial institution for a loan to purchase the
mabilehome that the purchaser intends tc occupy and wntten documentation confirming this fact has been
provided to management,
II
i
(2) Ifthe purchaser has not been approved for a loan to purchase the mobilehome pursuant to paragmph (I),
the management shall determine the purchaser's financial ability t o pay the rent and charges of the park based
upon consideration of all information provided by the purchaser regarding his or her assets and ability to
generate income, including, but not: limited to, savings accounts, certificates of deposit, stock portfolios, trust
interests of which the purchaser ir the beneficiary, real property, and similar financial assets that can be
tiquidated or sold. A purchaser who demonstrates sufficient monthly income from all sources that meets or
exceeds the income standard established pursuant to subdivision (a) shall be presumed to have the financial
ability to pay the rent and charges of the park.
(c) Management shall not withhold approval solely because the purchaser owns another mubilehome or real
property rer~denceManagement shall not require that the rnob~lehamethat is the subject of the purchase be
the sale residence of the purchaser as a condition of granfing approval.
I
i
Case 5:15-cv-00796 ~ o c ~ ~ r n e n ? ~ b ~ e ] of
F 274
r i ~Page
~ ~ID~#:547
~ ~ k % ~
fdf Upon request of any prospective homeowner who proposes to purchase a mobilehome that will remain in
the park, management shall provide that person wtth a list of the information management will require in order
to Cetennine if the person will be acceptable as a homeowner in the park, and a copy of the current written
procedures, standards, or requirements that will be used by management to evaluate the purchaser's
application, including, but not limited to, minimum income standards that will be used to determine the
purchaser's financial ability tto pay the rent and charges of the park pursuant to paragraph ( 2 ) of subdivision
(e) Within 15 business days o f receiving all of the inbnnation request&. from the prospective homeowner, the
management shall notify the seller and the prospective homeowner, in writing, of either acceptance; or
rejection of theapplication. I F the application is rejected, the management shall provide the
. .
prospective homeowner; in writing, the specific reason or-iwmR5-ireasons for rejection with
reference to the applicabk srand;??b 2:- requirement d!scfvsed pursuant to subdivision (d) upon whkh the
rejection was based. During this 15-day period the prospective homeowner shall comply with the
management's request, if any, for a personal interview. If a prospective homeowner is denied approval, within
five business days of receiving the denial, the selling homeowner and the prospective homeowner may request
a meeting with management. ifrequested, the meeting shalf take place within 10 business days,
at which time the management s ha tl reconsider its deniaf, inciuding the consideration of any additionat
information relevant to the appllcatlon provided by the prospective homeowner. Xf the approval of a
prospective homeowner Is wlrhheid for any reason other than those stated in this artlcle, the management or
owner may be held liable for all damages proxirnateiy resulting therefrom.
(P) If the management collects a Fee or charge from a prospective purchaser of a mobilehome in order t o obtain
a financial report or credit rating, the fuli amount of the fee or cha~geshag be credited toward payment of the
flrst month's rent far that mobilehome purchaser. If, for whatever reason, the prospective purchaser is rejected
by the marragement, the management shall refund t o the prospective purchaser the full amount of that fee or
charge within 30 days from the date of rejection. I f the prospective purchaser is approved by the manayemcnt,
but, for whatever reason, the prospective purchaser elects not to purchase the mobilehome, the managemerit
may retain the fec;, or a portion thet-eof, to defray its adrniniskativt: costs under this section.
- ..
Case 5:15-cv-00796 Document 4 Filed 04/23/15 Page 191 of 274 Page ID #:548
U1WO15
--
TOd9y4sLaw As Amend@
shN
jncome standard exceed a multiplier o f three times the punhaser's income over the pmjected
housing-related expenses to be paid b y the purchaser in connecttion with the proposed mobife home tenancy.
'I
(b) For purposes of determining the prior approvaf of a purchaser pursuant to this section, aft o f the followjng
shalfappiy:
fl) A purchaser shall be presumed to have the financia! ability to pay the rent and charges of the park i f the
purchaser has been approved by a state or federally chartered h n c i a f institution for a ban to purchase the
mobilehome that the purchaser intends to occupy and written documentat/on confirming this fad has been
provided to management.
( 2 )Xf the punhascr has not been approved for a loan to purchase the mobilehome pursuant to paragraph ( I ) ,
the management shafi deternine the gr:r::h;.ser's financialability to pay the rent and charger; of the park based
upon cornideration of ail information provided b y the purchaser regarding his or her assets and ability to
generate income, inciudlng, but not limlted to, savings accounts, certificates of deposit, stock portfoflos, trust
interests of which the purchaser is the beneficiaty, real property, and simiiar financial assets that can be
liquidated or sold. A purchaser who demonstrates sul'ficient monthfy income from all sources that meets or
exceeds the income standard established pursuant to subdivision la) shaji be presumed to have the financial
abifityto pay the rent and charges of h e park.
ii
:
/1
11
(c) Management rhab not withhold approval sole,y bemuse the purchaser owns another mobiiehiorne or real
propew residence, hanagement shall not require that the mobflehome that is the subject of the purchase be
the sole residence ofthe purchaser as a condition of granting approval.
(d) Upon request of any prospective homeowner who proposes to purchase a mobilehome that will remain in
the park, managenlent shall We+m provide that person with a list of the lnformation management wifl require
in order to determine if the person wilt be acceptabte as a homeowner in the pwk; park, and a copy of the
current written procedures, standards, or requirements that will be used by management to evafuate the
purchaser's application, inciuding, but not fjmited to, minimum income standads that wifl be used to determine
the purchaser's finiirancfal ability to pay the rent and charges of the park pursuant to paragraph (2) o f
suddivjsion f b).
( e ) Within 15 business days of receiving all of the informaM17 requested From the prospective homeoaner, We
management shall notify the seller and the prospective homeowner, in writing, of either acceptance or
rejection of the
'
.....=
ejw.%wk appficatlon. I f the application is rejected, the
management shaI=ctivezwner,
in wtiting, the specific reason or fleasons for rejection
wi'th reference to the appficabk standard or requirement dirdosed pursuant to subdivision /d) won whch the
rejection was based. During this 15-day period the prospective homeowner shall comply with the
management's request, if any, for a personal interview. I F &E- a prospective homeowner is denied approvai,
within five business days of receiving Fhe denial, the selling homeownerand the prospective homeowner may
@+ (fl I f the management cctlfects a fee or charge From a prospective purchaser of a mobilehome in order to
obtaln a financial report or credit rating, the full amount of the fee OF charge shall be credited toward payment
of the f i ~ month's
t
rent for that mabilehome purchaser, If, for whatever reason, the prospective purchaser is
rejected by the management, the management shall refund to the prospective purchaser the full amount of
that fee or charge within 30 days from the date of rejection. If the prospective purchaser is approved by the
management, but, for whatever reason, the prospective purchaser elects not to purchase the mobilehome, the
rnanagernent may retairl the Fee, or a portion thereof, to defray its administrative costs under this section.
EXHIBIT I
80bert G.:Williamson
-~Jr. Hart King Hart King - Attorneys at Law
C*
http://www.hartkinglaw.com/teammember/mbert-g-williamson-j
hartkinglaw.com
---------
http:l/www.hartkinglaw.comftearnmemberlrobert-g-williamson-jrl
~
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Contact Me
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Direct: (657) 622-4709
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Robert Williamson has been a member of Hart King's litigation and land use practice since 1998. He has
substantial experience representing property owners in land use matters, takings claims and regulatory
compliance. Robert represents property owners in state and federal courts defending premises liability,
discriminatory housing practices and regulatory violation claims. In rent control jurisdictions, he senres as
either a liaison or advocate for property owners before county and city agencies. Robert has assisted with
drafting proposed state and local legislation affecting housing issues.
Obtained favorable jury verdict for property owner against racial discrimination claim involving large
senior community
Obtained favorable judgment for property owner invalidating city adopted voter rent control initiative
Successful closure of landmark Treasure Island Trailer Park in taguna Beach, California for
redevelopment as resort and residential use
Successful defense of major California developer against investor litigation, charging fraud and other
malfeasance in development of luxury housing subdivision
I of2
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-8
- ALLorneys ar Law
http://www.h~gla~~comlteammember/rob
Favorable bankruptcy litigation work out for clients' major claim against debtor attempted novel "pre
bankruptcy planning" conversion of non-exempt assets
Successful representation of property owners and developers with subdivision conversion strategic .
planning and implementation in the Counties of hos Angeles, San Diego, San Bernardino, El Dorado,
Napa and Santa Clara
Negotiated favorable resolution of community owners' claims against the City of Santa Cruz resulting
in negotiated amendments to the City's rent control ordinance, exempting these communities frorn
rent control
Northrop University School of Law, El Segundo, CA, J.D. 1976
University of San Diego School of haw, L.L.M.
University of Southern California, Los Angeles, CA, B.S., 1968
State Bar of California
e
EXHIBIT J
Housing Background
Housing Act (FHA) which proer things, discrimination in the
anufactured housing on the basis
ligion, sex, or national origin is
ally well known is that in 1988,
the Fair Houslng Amendments
Act ( FHAA) , which amended FHA to prohbit
discrimination on the basis of familial status. It also
created an exemption to this prohibition in favor of
"housing for older persons. n2 This permitted communities imposing residency age restrictions to remain age restricted as "housing for older persons"
plementing the
FHAA requirements in attempts to satisfy the senior exemption. The FHAA requirement that exempted housing for persons age 55 or older had to
provide "significant facilities and services specifically
designed to meet the physical or social needs of
older persons" was the main offender. Congress responded.
In I995 Congress enacted the Housing for Older
Persons Act (HOPA) that amended FHAA.
HOPA's purpose and goal was to clarify the law
"making it more workablen and easier to determine
whether a community qualified for the exemption
by, among other things, eliminating the "services
and facilities" requirement. As the Secretary for
the Department of Housing and Urban DevelopMARCH 2 0 1 3
m26.
THE
JOURNAL
..
f 100.307.
7 42 U. S. C 13607(b) (2) (C) (i).
8 64 Fed. Reg. 16327 (Apr. 2, 1999).
9 Ibid.
7 1 A A l l Q7M
I I'T.-r>L.UIW.
1 42 U. S. C. 1 3604(a)
( 1968) .
2 42 U. S.C. f 3604;
"Familial statusnis dehed
punger than
MARCH 2013 m
28
THE JOURNAL
EXHIBIT K
NANCY
BARBARA DUFFY
.-
28TH
JULY
..
, d.a, d 9 93
SkerurnCaosC~~aadoe/;dUlud./6aid~
r r c , ~ i . . ' % 4 ~ i n r6L&d%IM#e*,Ukk
~
~ T B
dhyd
AUGUST
, d . g . d 9 .L
9m&&+nany&+,
http://members.calbar.ca.gov/fal/Member/DetaiV164780
ATTORNEY SEARCH
Nancy DufFy McCarron - #I
64780
C1.1rrent Status: Active
This member is active and may practice law in California.
See below for more details.
Profile Information
The following information is from the official records of The State Bar of California.
Bar
Number:
164780
Address:
950 Roble Ln
Santa Barbara, CA
Phone Number:
Fax Number:
(805) 965-3492
93103
Map it
e-mail:
Undergraduate
School:
Law School:
County:
Santa Barbara
District:
District 2
Sections:
None
(805) 965-3492
Status History
Effective Date
Status Change
Present
Active
611511993
C.:n:aclllu
3lteUap i PmacyPol,cy
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Notices
CcDVrlghl
- ..
A;esslb~ll!y
1 FA3
.. ......
SECRETARY OF STATE
I, ALEX PADILLA, Secretary of State, in the name and by the authority of the
People of the State of California, do appoint and commission
Notarv Public
of the State of California
Commission Number: 2140124
Secretary of State
OSP 12 128262
CERTIFIES THAT
NANCY B. DUFFY
IS A MEMBER IN GOOD STANDING OF THE ASSOCIATION, DEDICATED
TO THE PRESERVATION OF THE ADVERSARY SYSTEM, TO TRIAL BY JURY,
TO TRAIN IN ALL FIELDS AND PHASES OF ADVOCACY, TO ADVANCE
THE SCIENCE OF JURISPRUDENCE, AND TO PROMOTE THE
ADMINISTRATION OF JUSTICE FOR THE PUBLIC GOOD.
RICHARD D. HAILEY
PRESIDENT
/
/-