Brown

Colony Cove Associates v. Brown

Good Law
1990 Cal. App. LEXIS 463·220 Cal. App. 3d 195·269 Cal. Rptr. 234
Court of Appeal of CaliforniaMay 10, 1990B042961California3,533 words

Opinion

Opinion

Boren, J.

Respondent, owner of a mobilehome park, enacted a park rule restricting residency to senior citizens, age 55 or older. Respondent then sought to evict appellants, tenants in the park, because appellants’ children, minors born after the park’s enactment of its age restriction, were not “grandfathered” as were their parents, who had resided in the park prior to the rule. Appellants appeal following summary judgments granted in unlawful detainer actions brought by respondent. We hold that the enforcement of the mobilehome park’s senior citizen, age 55 or older, resident restriction does not run afoul of constitutional proscriptions, relevant state statutes, or the Fair Housing Amendments Act of 1988.

Facts

In August of 1976, Morgan Gayvert, age 29, purchased a mobilehome in the Colony Cove Mobile Home Park Community in Carson. Thereafter, Morgan Gayvert married, and his wife, Susan, moved into the park in May of 1984. In November of 1984, David Brown, age 23, and his wife Laurie also purchased a mobilehome in the same community. The Gayverts and the Browns leased spaces for their mobilehomes on month-to-month tenancies from the Colony Cove Associates, which rented a total…

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