Vance

Vance v. Villa Park Mobilehome Estates

Good Law
1995 Cal. App. LEXIS 627·36 Cal. App. 4th 698·42 Cal. Rptr. 2d 723·95 Daily Journal DAR 9108·95 Cal. Daily Op. Serv. 5354
Court of Appeal of CaliforniaJuly 10, 1995B074103California4,444 words

Opinion

Opinion

Vogel, J.

Plaintiffs and appellants Louie Vance et al. are mobilehome owners renting spaces in a mobilehome park owned and operated by defendants and respondents Villa Park Mobilehome Estates et al. in the City of Long Beach. Appellants brought this action for declaratory relief and an accounting, alleging that certain provisions of their leases specifying formulas for future rent increases are in reality prohibited “fees” under the Mobilehome Residency Law (Civ. Code, § 798 et seq.) and are also unconscionable. The trial court entered judgment against appellants after sustaining demurrers without leave to amend to a portion of appellants’ first amended complaint and to appellants’ second amended complaint.

The parties agree there is no local rent control ordinance. Although the state Mobilehome Residency Law regulates in detail the relations between the owners of mobilehome parks and their residents, it is not a rent control law. (Gregory v. City of San Juan Capistrano (1983) 142 Cal.App.3d 72, 79-82, 85 [ 191 Cal.Rptr. 47 ].) Although the act prohibits certain fees (§§798.31, 798.72), it does not restrict the amount of rent which may be charged. Appellants’ case is based on the…

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