| 1 | 1 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2845Introduced by Assembly Member LimnFebruary 20, 2020 An act to amend Section 798.85 of the Civil Code, relating to civil law. LEGISLATIVE COUNSEL'S DIGESTAB 2845, as introduced, Limn. Mobilehome Residency Law: actions.Existing law provides that in any action arising out of the Mobilehome Residency Law, the prevailing party shall be entitled to reasonable attorneys fees and costs, and defines a prevailing party for these purposes.This bill would instead provide that a resident who is the prevailing party shall be entitled to reasonable attorneys fees and costs and, if management is the prevailing party, would require a court to award reasonable attorneys fees and costs only if the residents action or defense is frivolous. The bill would delete the provision defining a prevailing party. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 798.85 of the Civil Code is amended to read:798.85. In any action arising out of the provisions of this chapter chapter, a resident who is the prevailing party shall be entitled to reasonable attorneys fees and costs. A party shall be deemed a prevailing party for the purposes of this section if the judgment is rendered in his or her favor or where the litigation is dismissed in his or her favor prior to or during the trial, unless the parties otherwise agree in the settlement or compromise. If management is the prevailing party, the court shall award reasonable attorneys fees and costs only if the residents action or defense is frivolous. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2845Introduced by Assembly Member LimnFebruary 20, 2020 An act to amend Section 798.85 of the Civil Code, relating to civil law. LEGISLATIVE COUNSEL'S DIGESTAB 2845, as introduced, Limn. Mobilehome Residency Law: actions.Existing law provides that in any action arising out of the Mobilehome Residency Law, the prevailing party shall be entitled to reasonable attorneys fees and costs, and defines a prevailing party for these purposes.This bill would instead provide that a resident who is the prevailing party shall be entitled to reasonable attorneys fees and costs and, if management is the prevailing party, would require a court to award reasonable attorneys fees and costs only if the residents action or defense is frivolous. The bill would delete the provision defining a prevailing party. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 2845 |
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| 15 | 15 | | Introduced by Assembly Member LimnFebruary 20, 2020 |
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| 17 | 17 | | Introduced by Assembly Member Limn |
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| 18 | 18 | | February 20, 2020 |
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| 20 | 20 | | An act to amend Section 798.85 of the Civil Code, relating to civil law. |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 26 | 26 | | AB 2845, as introduced, Limn. Mobilehome Residency Law: actions. |
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| 28 | 28 | | Existing law provides that in any action arising out of the Mobilehome Residency Law, the prevailing party shall be entitled to reasonable attorneys fees and costs, and defines a prevailing party for these purposes.This bill would instead provide that a resident who is the prevailing party shall be entitled to reasonable attorneys fees and costs and, if management is the prevailing party, would require a court to award reasonable attorneys fees and costs only if the residents action or defense is frivolous. The bill would delete the provision defining a prevailing party. |
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| 30 | 30 | | Existing law provides that in any action arising out of the Mobilehome Residency Law, the prevailing party shall be entitled to reasonable attorneys fees and costs, and defines a prevailing party for these purposes. |
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| 32 | 32 | | This bill would instead provide that a resident who is the prevailing party shall be entitled to reasonable attorneys fees and costs and, if management is the prevailing party, would require a court to award reasonable attorneys fees and costs only if the residents action or defense is frivolous. The bill would delete the provision defining a prevailing party. |
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| 34 | 34 | | ## Digest Key |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 798.85 of the Civil Code is amended to read:798.85. In any action arising out of the provisions of this chapter chapter, a resident who is the prevailing party shall be entitled to reasonable attorneys fees and costs. A party shall be deemed a prevailing party for the purposes of this section if the judgment is rendered in his or her favor or where the litigation is dismissed in his or her favor prior to or during the trial, unless the parties otherwise agree in the settlement or compromise. If management is the prevailing party, the court shall award reasonable attorneys fees and costs only if the residents action or defense is frivolous. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. Section 798.85 of the Civil Code is amended to read:798.85. In any action arising out of the provisions of this chapter chapter, a resident who is the prevailing party shall be entitled to reasonable attorneys fees and costs. A party shall be deemed a prevailing party for the purposes of this section if the judgment is rendered in his or her favor or where the litigation is dismissed in his or her favor prior to or during the trial, unless the parties otherwise agree in the settlement or compromise. If management is the prevailing party, the court shall award reasonable attorneys fees and costs only if the residents action or defense is frivolous. |
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| 46 | 46 | | SECTION 1. Section 798.85 of the Civil Code is amended to read: |
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| 48 | 48 | | ### SECTION 1. |
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| 50 | 50 | | 798.85. In any action arising out of the provisions of this chapter chapter, a resident who is the prevailing party shall be entitled to reasonable attorneys fees and costs. A party shall be deemed a prevailing party for the purposes of this section if the judgment is rendered in his or her favor or where the litigation is dismissed in his or her favor prior to or during the trial, unless the parties otherwise agree in the settlement or compromise. If management is the prevailing party, the court shall award reasonable attorneys fees and costs only if the residents action or defense is frivolous. |
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| 52 | 52 | | 798.85. In any action arising out of the provisions of this chapter chapter, a resident who is the prevailing party shall be entitled to reasonable attorneys fees and costs. A party shall be deemed a prevailing party for the purposes of this section if the judgment is rendered in his or her favor or where the litigation is dismissed in his or her favor prior to or during the trial, unless the parties otherwise agree in the settlement or compromise. If management is the prevailing party, the court shall award reasonable attorneys fees and costs only if the residents action or defense is frivolous. |
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| 54 | 54 | | 798.85. In any action arising out of the provisions of this chapter chapter, a resident who is the prevailing party shall be entitled to reasonable attorneys fees and costs. A party shall be deemed a prevailing party for the purposes of this section if the judgment is rendered in his or her favor or where the litigation is dismissed in his or her favor prior to or during the trial, unless the parties otherwise agree in the settlement or compromise. If management is the prevailing party, the court shall award reasonable attorneys fees and costs only if the residents action or defense is frivolous. |
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| 58 | 58 | | 798.85. In any action arising out of the provisions of this chapter chapter, a resident who is the prevailing party shall be entitled to reasonable attorneys fees and costs. A party shall be deemed a prevailing party for the purposes of this section if the judgment is rendered in his or her favor or where the litigation is dismissed in his or her favor prior to or during the trial, unless the parties otherwise agree in the settlement or compromise. If management is the prevailing party, the court shall award reasonable attorneys fees and costs only if the residents action or defense is frivolous. |
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