Hoffman

Hoffman v. SMITHWOODS RV PARK, LLC

Good Law
102 Cal. Rptr. 3d 72·179 Cal. App. 4th 390·2009 Cal. App. LEXIS 1862
Court of Appeal of CaliforniaOctober 23, 2009H033464California6,248 words

Opinion

Opinion

McADAMS, J.

This appeal follows a judgment of dismissal, entered after ' the trial court sustained defendant’s demurrer without leave to amend. At issue is whether defendant engaged in actionable conduct when it refused to permit the installation of a new mobilehome in its mobilehome park, to replace an older one that plaintiff had inherited. As alleged in the complaint, defendant’s refusal to approve the replacement home violated the Mobilehome Residency Law (Civ. Code, § 798 et seq.), breached the rental agreement to which plaintiff had succeeded, and interfered with the economic relations between him and the purchaser who had contracted to buy the older mobilehome.

On appeal, plaintiff contends that the court erred by failing to treat his well-pleaded factual allegations as true, by failing to recognize the preemptive effect of the Mobilehome Residency Law, and by justifying defendant’s actions on the basis of its internal rules, which were not promulgated according to law. Plaintiff further contends that the trial court abused its discretion in failing to grant him leave to amend.

We conclude that the complaint fails to state a cause of action. Moreover, we find no abuse of…

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