RANCHO SANTA PAULA MOBILEHOME PARK, LTD. v. EVANS

Docket No. B075289.

26 Cal.App.4th 1139 (1994)

32 Cal. Rptr.2d 464

RANCHO SANTA PAULA MOBILEHOME PARK, LTD., Plaintiff and Respondent, v. BARBARA J. EVANS et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Six.

July 15, 1994.


Attorney(s) appearing for the Case

COUNSEL

Richard A. Weinstock, Channel Counties Legal Services Association, Andrew Koenig, Robert K. Miller, M. Carmen Ramirez, Grant R. Specht and Barbara Macri-Ortiz for Defendants and Appellants.

Crosby & Stanton and Bruce E. Stanton as Amici Curiae on behalf of Defendants and Appellants.

Swanson & Dowdall, Swanson & Gieser and Jim P. Mahacek for Plaintiff and Respondent.

Biddle & Hamilton and W. Craig Biddle as Amici Curiae on behalf of Plaintiff and Respondent.


OPINION

SCHOENBERG, J.*

Can a mobilehome park owner prohibit a mobilehome owner from subleasing his mobilehome? We hold that the parties can validly agree to the restriction, but that a rule prohibiting all subleasing imposed by the park owner without the homeowner's consent is not a reasonable park rule and is therefore unenforceable as to the homeowner and her tenant.

FACTS

Appellant...

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