California Codes, Civil Code - CIV, Division 2 — Property, Part 2 — Real or Immovable Property, Title 2 — Estates in Real Property, Chapter 2.5 — Mobilehome Residency Law, Article 8 — Actions, Proceedings, and Penalties, Section 798.86

(a) If a homeowner or former homeowner of a park is the prevailing party in a civil action, including a small claims court action, against the management to enforce his or her rights under this chapter, the homeowner, in addition to damages afforded by law, may, in the discretion of the court, be awarded an amount not to exceed two thousand dollars ($2,000) for each willful violation of this chapter by the management.

(b) A homeowner or former homeowner of a park who is the prevailing party in a civil action against management to enforce his or her rights under this chapter may be awarded either punitive damages pursuant to Section 3294 of the Civil Code or the statutory penalty provided by subdivision (a).

Notes

Allows a prevailing homeowner or former homeowner in a civil action, including small claims, enforcing chapter rights against park management to receive, at the court’s discretion, up to $2,000 for each willful management violation in addition to lawful damages. The prevailing homeowner may receive either punitive damages under the referenced law or this statutory penalty.

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