AMENDED IN SENATE MAY 20, 2026

AMENDED IN ASSEMBLY APRIL 29, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

97

Introduced by Assembly Member Blanca Rubio

(Coauthors: Assembly Members Macedo and Michelle Rodriguez)

February 19, 2026

An act to amend Section 798.84 of the Civil Code, relating to mobilehome parks.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. Existing law prohibits an action based upon the management’s alleged failure to maintain the physical improvement in the common facilities in good working order or condition or alleged reduction of service from being commenced by a homeowner unless the management has been given at least 30 days’ prior notice of the intention to commence the action.

This bill would authorize management to move to dismiss with prejudice a claim that alleges a failure to maintain, or a reduction of service regarding, a physical improvement, as described above, if that physical improvement is not actually present within the mobilehome park, nor provided or under the control of the park owner or manager. The bill would, upon petition by the management, require a court that grants a motion to dismiss for this reason to award the management reasonable attorney’s fees and impose a civil penalty and other sanctions to be paid by the attorney filing the action, as specified.

The people of the State of California do enact as follows:

SECTION 1.

Section 798.84 of the Civil Code is amended to read:

798.84.

(a) No An action based upon the management’s alleged failure to maintain the physical improvements in the common facilities in good working order or condition or alleged reduction of service may shall not be commenced by a homeowner unless the management has been given at least 30 days’ prior notice of the intention to commence the action.

(b) The notice shall be in writing, signed by the homeowner or homeowners making the allegations, and shall notify the management of the basis of the claim, the specific allegations, and the remedies requested. A notice by one homeowner shall be deemed to be sufficient notice of the specific allegation to the management of the park by all of the homeowners in the park.

(c) The notice may be served in the manner prescribed in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure.

(d) For purposes of this section, management shall be deemed to be notified of an alleged failure to maintain the physical improvements in the common facilities in good working order or condition or of an alleged reduction of services upon substantial compliance by the homeowner or homeowners with the provisions of subdivisions (b) and (c), or when management has been notified of the alleged failure to maintain or the alleged reduction of services by a state or local agency.

(e) If the notice is served within 30 days of the expiration of the applicable statute of limitations, the time for the commencement of the action shall be extended 30 days from the service of the notice.

(f) (1) Notwithstanding the contents of the notice or any other law, if an action is filed that alleges the management’s failure to maintain a physical improvement in the common facilities in good working order or condition or that alleges the management’s reduction of service regarding a physical improvement and that physical improvement is not actually present within the mobilehome park, nor provided by, or under the control of, the park owner or manager within the mobilehome park, the management may move for an immediate dismissal of the claim with prejudice.

(2) If the court grants a motion to dismiss under paragraph (1), the management may petition the court, and the court shall award the management, to be paid by the attorney filing the action and not the homeowner, all of the following:

(A) All reasonable attorney’s fees and costs.

(B) A civil penalty of five thousand dollars ($5,000) for each claim dismissed.

(C) Any other sanctions the court deems appropriate.

(g) This section does not apply to actions for personal injury or wrongful death.