Simandle

Ronald Simandle and Warren Simandle appeal from a judgment entered after the trial court found that appellants abandoned a statutory right under the Mobilehome Residency Law (Civ. Code, §§ 798, 798.78, subd. (a)) to sell their parents’ mobilehome at the Vista de Santa Barbara Mobilehome Park. The trial court ruled that park owner, respondent Vista de Santa Barbara Associates, LP, could remove the mobilehome at appellants’ expense. (§ 798.78, subd. (b).)

Appellants argue, inter alia, that the law abhors a forfeiture. This is true but the law also abhors a public and private nuisance which, in this case, lingered for months on end. (Civ. Code, §§ 3479-3481; Code Civ. Proc., § 731.) “Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of, such property, created by a former owner, is liable therefor in the same manner as the one who first created it.” (Civ. Code, § 3483.) We affirm.

The Mobilehome Residency Law (MRL; Civ. Code, § 798.78, subd. (a)) provides that an heir who gains ownership of a mobilehome in a mobilehome park through the death of the tenant-mobilehome owner, has the right to sell the mobilehome in situ…