Patarak

Alexandra Patarak and other residents of Hilltop Mobile Manor (residents), a mobilehome park in Atascadero, sued the park’s owner, Linda Williams (landlord), for violating the Mobilehome Residency Law (MRL). They alleged and proved that she willfully did not maintain the park’s septic system and willfully denied reasonable access to the common areas of the park. (Civ. Code, § 798 et seq.) After a 15-day court trial, the trial court awarded residents actual damages and $44,000 in penalties for willful violations. Landlord contests the penalty award only and contends that the trial court erred by applying an incorrect definition of the term “willful.” We affirm.

Facts and Procedural History

In their trial testimony, the residents described the repeated odors, sewage leaks, clogs, failing septic pumps, broken pipes and septic tank lids, and saturated leach fields. Photographs and videotape also documented some of the leaks and other problems with the septic system. An expert witness testified that, unlike the previous owner, landlord performed little regular maintenance of the septic system but incurred high costs for emergency repairs. There was also evidence that…