Hemphill

In this action, we interpret an attorney fee provision in a lease agreement which allows the prevailing party in any action arising out of the homeowner’s tenancy, the agreement, or the provisions of the Mobile-home Residency Law (Civ. Code, § 798 et seq.) to recover reasonable expenses including attorney fees and costs. We conclude that a tenant’s fall while walking across a common area lawn arose out of the homeowner’s tenancy and entitled him to an award of attorney fees as the prevailing party in the action. Accordingly, we reverse the trial court’s order denying a fee award and remand the matter for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

Wright Family, LLC, doing business as Roadrunner Club (Roadrunner Club), is an approximately 200-acre manufactured home park consisting of homesites, a golf course, common areas and a large “greenbelt” common area lawn. Don R. Hemphill purchased a home at the park and leased the homesite under a written lease agreement with Roadrunner Club. Roadrunner Club is required to maintain the common area lawns, which are open to residents 24 hours per day, seven days a week. While on the lawn area near his home, Hemphill…