Mobilehome Residency Law: actions.
The proposed changes include a stipulation that if a resident prevails in a legal action, they are entitled to reasonable attorneys' fees and costs. Contrarily, if management prevails, they can only be awarded fees if the residents' action or defense is deemed frivolous. This is a significant shift that emphasizes the protection of residents against frivolous claims, potentially reducing the burden on them in litigation scenarios. It is likely to encourage residents to pursue legitimate grievances without the fear of incurring heavy financial penalties should they lose.
Assembly Bill No. 2845, introduced by Assembly Member Limn on February 20, 2020, aims to amend Section 798.85 of the Civil Code concerning Mobilehome Residency Law. The bill redefines the criteria for awarding reasonable attorneys' fees and costs in actions arising under this law. Under existing legislation, the prevailing party in such actions is entitled to compensation for legal fees, with a defined criterion for determining who qualifies as the prevailing party. This bill intends to simplify and clarify these conditions especially for mobilehome residents.
Key points of contention surrounding AB 2845 may arise from differing perspectives on the balance of power between mobilehome management and residents. Proponents argue that the bill offers essential protections to residents, potentially preventing management from abusing their position when disputes arise. Conversely, opponents may express concerns that the new criteria for awarding attorneys' fees could lead to an increase in frivolous lawsuits against management, complicating dispute resolutions. The bill aims to navigate these contentious aspects, promoting fairness while safeguarding the interests of vulnerable residents.