Freeman

Freeman v. Vista de Santa Barbara Associates, LP

Good Law
144 Cal. Rptr. 3d 42·207 Cal. App. 4th 791
Court of Appeal of CaliforniaJuly 10, 2012No. B230066California2,222 words

Opinion

Lead Opinion

Gilbert, J.

Substantial compliance with a statute is dependent on the meaning and purpose of the statute.

This appeal arises under the Mobilehome Residency Law (MRL), Civil Code section 798 et seq. Defendant, a mobilehome park, appeals a judgment *794 for damages against it measured by the difference between the rent charged by the park and the rent allowed by city ordinance.

Section 798.21, subdivision (a) states that a mobilehome space is exempt from a local rent control ordinance if the space is not the principal residence of the homeowner. Subdivision (f) of the section provides for exceptions. The trial court found the homeowner qualified under two exceptions: the park prohibits subletting and the homeowner is actively marketing her mobilehome for sale. We affirm.

FACTS

Vista de Santa Barbara Associates, LP (Vista), owns a mobilehome park in the City of Carpintería. Vista rents spaces in its park to mobilehome owners. The park is subject to the city’s rent control ordinance.

Jessica Freeman leases space 93 in the park for her mobilehome. The mobilehome is not her principal residence. She entered into her lease on November 10, 2003. Her lease and the park rules expressly…

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