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Home My WebLink AboutStaff Report 11/16/2000 (19) G 010 E N STATE MOBILHOME OWN:ER S I INC . • - G 11021 MAGNOLIA sout.evAlo,GARDEN GROVE.CALIFORMA ipo.BO*,if&GARDEN GROVE E.CALIFOFINIA'92842 M (714)926.4071 1 (8c0)888.1727 —) 0 March 28, 2001 r_ ul OFFICE' ',1(HOftle0Wrlar3 Asaccicilon" Re: Request for Stipportfor SEI 691 (McPherson) • Subject: City and County'Recoyery of Attorney's Feel when Defending Mobilehome Ordinances Dear , " jeri taN' As a mobilehorne owner and residenrof this city and county, Parithrequesting that you support SB 691 by Senator Bruce MoPherson,:poWpending in the State Senate. The bill has been Officially sponsored by Golden State Manufactured-Home Owhets.LeigUe, Inc.(GSMOL),'and is supported by naany'cities and countiee. The primary beneficiaries of this legislation will be Cities and counties throughout the state that under present law cannot recover theirsattorney's fees when they defend a mobilehome ordinance. - Secondary beneficiaries will be retired seniors on fixed irldiatrieSvand first-time home buyers. In an • effort to protect and preserve a dwindling supply of affordable housing, many cities and counties have adopted mobilehome rent ordinances to protect residents frainexorbitant and unjustified rent increases. If such ordinances,are;challenged in court; thecity-or county cannot under current law recover their attomey'S fees even ifihey win. SB 691 would amend state,law to provide that a'Court could eavardi prevailing city or county their attorney's fees and costs if'certain requirementa-Inave been met Amendments have been made by the author to assure rhAt cities and counties are not exposed io any increase in liability under the bill, but that they are at least entitled to reCover attorney's fees to the same extent as a successful challenger to the ordinance,cannow recover against cities:and counties under existing law. I have enclosed for your cOnSider4tion.e'coPy of the recent amendments to the bill as drafted by Legislative Counsel. Time is of the essence as the first policy hearing will probably be held on April 17, 2001 in-the Senato ludiciariCoMMitteechaired by SenatortMartha Escutia. On,behall of GSMOL, and-particularly your own constituents, we•urge you to adopt a resolution urging passage of SB 691.by'SeniatiatBruce McPhersOn, and tlialybu send a letterto&League of California Citiestrid CSAC,urging-those associations,to support the-bill. • Sincerely, Name: -.Stere-441-PA--1 • LE, (.4'04cRez Address: 9-/ -<'' ' f S'..k.„Chtj'Aj ° "`i te..2 T..°C10 ftcity, State &Zip: 'Let- 4 e; 64-44-ce--? 7 7-7 ) 765 '116 6.73 Phone: , _ .03/26/01 11 : 56 A.M. 450 AN0109684 PACE 1 Substantive ' AMENDMENTS TO SENATE BILL NO, 691 ' Amendment 1 In line 1 of the title, after the first "to" insert: amend Sections 1021 .5' and 1016 of the Code of Civil Procedure, and to amend Section 800 of, and to • Amendment, 2 In line 1 of the title, after the second "to" insert a comma • .Amendment 3 On page 1 , line 1 , after ".SECTION 1 . " insert: Section 1021 . 5 of the Code ;of Civil Procedure is amended to read:. 1021 .5 . lj Upon Motion, a court may award ahterneysj attorney' s fees to a successful party against one or more opposing parties in any action which has resulted in the, enforcement of an im con a ant right affecting the public interest if tat a si icant benefit, whether pecuniary or nonpecuniary, has been erred on the general public or a large class of persons, tbt (2) the necessity and financial burden of private enforcement, or of enforcement by one public entity against anothet public entity., are such as to make the award appropriate, and, tet seek ( 31 the fees should not in the interest of,_justice be paid out of t e Fcovery, if any. With' Except as provided in. subdivision' (b) , :with respect to actions involving public entities, this section applies to allowances against, but not in favor of, public entities, and no Claim shall be required to be. .filed therefor', unless one: or more successful parties and one or more opposing parties are public .., entities; in which case no :claim shall be required to be filed therefor under Part 3 (commencing with Sec!ioi 900) of Division 3 .6 of Title. 1 of °the 'Government Code. Attorneys' fees awarded to a public entity pursuant to .. this section shall not be increased or decreased by a multiplier based upon extrinsic circumstances, as discussed. in Serrano v. Priest, 20 Cal. 3d 25, 49 . (b) In an action broil ht by the owner of a mobilehome NM park, . aa defined—in';SecTT 798, of the Civi-Code, 'to challenge EN the valid t� y or applicant o' of an ordinance, r.0 ems,regulation,' or id NO il sm II am III Et • 03/26/01 11: 56 AM 4520 43N0109684, PAGE 2 Substantive initiative measure, adopted by 2fly local governmental entity which req 'a^tes space rent or is otherwise ntended to 'bens if t .:or protect residents in the park, irthe local governmental entity is determined t&11 the prevanIng ,party., and the action meets the criteria of subdivision ta) , the court shall award attorney'iTees to the local governmental entltY 171.71 -e—cour finds that the park owner had reasonable• qr ounds ,t—o ing the: lit'�gat on. SEC. 2. Section 103.6 'orthe Code of Civil Procedure is amended to read: 1.036 . (a) In any inverse condemnation proceeding,. the court rendering judgment for the plaintiff by awarding compensation, or the;. attorney representing' the public entity whoeffects 'a settlement of 'that proceeding, shall determine and award ,or allow to • the plaintiff, as a part of that judgment or settlement, a sum that will, in the opinion of the; court reimburse the plaintiff ' s reasonable costs, disbursements,, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of that proceeding in the trial court or in any appellate proceeding in which the plaintiff' preva-ils 'on any issue in that proceeding. (b) In an inverse condemnation proceeding brow ht by the owner of a mobilehome park, as defined in Section 7.98 .4 o the .Crvil Code, to challenge the valid ty or application of an ordnance, ru regulation, oi nitiative measure adopted la b local t o mental entity which regulates apace -rent or is otherwise iinten ed to benefit or protect residents iri 'the park, ifT the local 'gover:nmental en— tity IF determined to be the- prevailing party,this court shall award attorney' s' fees to the local governmental ent ty uTe7EF'court finds 'that, the: paEW owner had reasonable grounds to ring t i-l3TTaatlon. SEC. 3. Section 800 of the Government Code is amended to read: 800. in In any civil action to appeal or review the award, finding, or other determination of ,any administrative . proceeding under this code or under' any other provision of state law, except: actions resulting from actions of the State Hoard of Control; where it is shown that the award,, finding, or othE determination of the proceeding wee the result of arbitrary or capricious action or conduct by' a public entity or an officer thereof in his or her official capacity, the Complainant' if he or she-'prevails in the civil action may collect reasonable attorney' s fees, computed at one hundred dollars ( $10.0 ) per hour , but not to exceed seven thousand five hundred dollars ($7,500) , where he or she is personally obligated to pay the fees, from .the public entity, in addition to any. other relief granted or other costs awarded. This section is ancillary. only;, and. shall not be construed to create a new cause of action. Refusal Refusal :by a public entity or officer thereof to ad liability pursuant to a contract of insurance shall not be IIIP 03/2.6/01 11 : 56 AM 452411 RNO1`09684 PAGE 3 Substantive :onsi'dered arbitrary or capricious action or conduct within the meaning of this section. isi .In Anyy civil ,action brow ht b the owner. of a nobilehome park, a defined Sect on 7 .4ofthe .Civil Code, pursuant to this o sect� n, to challenge the validity or application p an ordinance, ru�� r,egTrat'ion; or Yn Tiative measur:e. adopted by la local sovernmentei entity which- regu a T es apace rent or is ptherw a intended to benefit or protect residents in the_p1 i , if the local governmental .enteryy fl determined. to the 'prevail party a court shill award attorney' s fees and Other, litigation ex enses to the local governmental. entit unless tie court .finds that t e: pard—owner had— reasonable groun s t orin the 1 tigation. SFr 4 _ - 0 • • • • • • • S •