Kamala Harris Request To Investigate HART KING 3-1-16.compressed

Nancy Duffy McCarron, CBN 164780
Victim Rights Advocate, CA Real Estate Broker,

Arbitrator, Better Business Bureau [So CA]
CA Notary Public, Property Manager
CFLA Master Forensic Loan Auditor
950 Roble Lane
Santa Barbara, CA 93103
nandcyduffysb@yahoo.com
March 1, 2016
OPEN LETTER ON BEHALF OF THE PEOPLE OF THE STATE OF CALIFORNIA
(posted at scribd.com Nancy Duffy McCarron)
Kamala Harris
Attorney General of California
1300 I Street
Sacramento, CA 95814-2919
Phone 916-445-9555
Re: HART|KING Law Firm

Racketeering Enterprise
Facilitating Grand Theft of
Mobile homes for Park Owners
Dear Ms. Harris:

On behalf of the PEOPLE of the STATE of CALIFORNIA we petition an investigation of
an ongoing racketeering enterprise orchestrated by Robert Williamson, Ryan Egan, John
Pentecost and others at HART|KING, 4 Hutton Center Drive, St 900, Santa Ana, CA 92707.
The enterprise was designed to steal mobile homes in California and Western United States
to enrich wealthy park owners. Park owners pay HART|KING to prosecute unlawful evictions
to steal homes from private owners who are rendered homeless after this grand theft of assets.
HART|KING orchestrates this racketeering enterprise to steal mobile homes by:
1.) Advising owners to artificially inflate qualification standards to buy or sublease homes,
to thwart all sales or sub-leasing of privately owned homes to force owners to forfeit them,
to avoid paying $1,100/month space rent on a vacant home. This creates a windfall for
park owners who convert stolen homes to dealer inventory and rent them to tenants who
are unprotected by Mobile Home Residency Law (MRL) because they are not home owners.
Park owners waive qualification standards for buyers or renters of dealer inventory homes
and discount rent for tenants who lease from dealer inventory, creating a monopoly as rents
on dealer inventory are cheaper than private owners charge to cover space rent they owe.
2.) Vigorously fighting campaigns for rent control and suing to eliminate existing rent control.
3.) Advising park owners to gouge rents and cut services to compel owners to forfeit homes
because they can no longer afford to pay $1,100/month or more space rent on a vacant home.
4.) Implementing new Community Rules with convoluted legalese to confuse homeowners.
HART|KING writes rules prohibiting owners from sharing or leasing a mobile home absent
written consent of a park manager who then unreasonably withholds it to compel forfeiture.
5.) If a relative or friend moves in to assist a sick or disabled homeowner, as soon as he/she
dies or relocates to a Skilled Nursing Facility, the park owner notifies the resident he/she
must meet qualification standards to live in the home. Managers then deny approvals.
HART|KING serves a 5-day Notice to Surrender Premises under Civil Code 785.75(c).
Heirs rarely qualify to reside in a park under artificially inflated qualification standards.
Thousands of residents are rendered homeless as wealthy park owners convert their homes
to dealer inventory rented to tenants unprotected by Mobile Home Residency Law because
they are not home owners. These tenants are subject to arbitrary and capricious evictions.
6.)
No victim can tell her story without shedding tears as she relives the emotional pain.
Victims realize it is pure evil but they are powerless to challenge the Goliath law firm.
After investigating this racketeering enterprise for 4 years, I finally have direct evidence;
i.e pleadings HART|KING filed in court, under oath, violating Penal Codes 132 and 134.
It is a felony to prepare to offer or offer any altered document as genuine in a proceeding
in court for a deceitful purpose. Here, the purpose is to further a racketeering enterprise.
On May 6, 2013 Appellate Division of San Bernardino Superior Court notified HART|KING
their evictions under Civil Code 798.75(c) against occupants who were not purchasers or
transferees, and who were not in privity of contract with park owners, were unlawful evictions.
HART|KING appealed and lost; yet it continues to steal homes via the same unlawful tactics.
Exh. A Shows grand theft of Joyce Dalens home after daughter Tina admitted her to a SNF.
It shows the firm never named/served owner Joyce Dalen despite having her address.
UDDS1101776 Stubblefield Properties v. Tina Dalen/Unknown Occupants 4-18-11
UD summons, Forcible Detainer Complaint, 5-Day Notice to Surrender-Civil 798.75(c)
Tina Dalen could not afford a lawyer; she lost her moms home and is now homeless.
Exh. B Shows firm tried to steal McCarrons home after Bonnie Shipley moved in to share it.
It shows the firm never named/served owner McCarron despite having her address.
UDDS1204130 Stubblefield Properties v. Bonnie Shipley/Unknown Occupants 8-27-12
McCarron represented Shipley; firm prosecuted 57 hearings, 18 volumes, 95-pg docket.
Shipley filed MSJ; firm opposed offering fraudulent Civil 798.75(c) Legislative History
Exh. C 1-18-13 Maury Priest Declaration Supporting Shipleys Motion for Summary Judgment
Exh. L, M, N shows legislators struck forcible detainer words from 798.75(c) revisions
Exh. D 5-6-13 Appellate Writ of Mandate Reversing Trial Courts Denial of Shipleys MSJ
finding forcible detainer evictions under Civil 798.75(c) are unlawful against occupants
who are not purchasers or transferees and not in privity of contract with park owners.
(Fourth District Court of Appeal Division 2 - Panel Affirmed the Decision on Appeal)
(Supreme Court Denied HART|KING Petition for Review) Affirmed and Final.
After losing their attempt to steal McCarrons home via an illegal eviction against Shipley,
a mysterious fire occurred at the park-controlled electric pedestal supplying power to the home.
Courageous neighbors extinguished the fire with hoses to save McCarrons home from burning.
After McCarron spent $3,000 to repair the damage Stubblefield prosecuted a second illegal
eviction against McCarron---alleging that she violated new Community Rules 2, 5, and 17.
2
UDFS1406978 Stubblefield v. McCarron - unanimous jury verdict for McCarron on 2/17/16.

On 2/1/16 park owner Arnold Stubblefield produced a list of 176 homes he admitted owning out
of 350 on monthly rent rolls. Office manager Kathrine Faulise testified monthly rents were
$900-$1,100 thereby admitting his income exceeds $350,000 per month on just one investment.
When asked how he acquired over half of the privately owned homes he testified, I dont know.
On Thursday, Feb 25, 2016 I received a call from attorney Moire Boyle, who was defending
another HART|KING illegal eviction in which Ryan Egan used Civil 798.75(c) as the basis.
Exh. E
Orange County Supr. Court 30-2016-00832458-CL-m-N Lew v. Deanne Wienzierl

Despite receiving actual knowledge on 5/6/13 from San Bernardino County Appellate Division
the firms evictions using 5-day Notice to Surrender Premises under Civil Code 798.75(c)
of occupants who were not purchasers or transferees, or in privity of contract, were unlawful,
HART|KING continues a racketeering enterprise to enrich park owners and the firm partners.
In opposing defendants motion to quash the unlawful eviction to steal the Trusts mobilehome
Ryan Egan knowingly offered into evidence, Legislative History of Revisions to Civil 798.75(c).
Ryan Egan had fraudulently altered the actual Legislative History [as shown in Exhibit C].
Ryan Egan omitted the pages striking out the words forcible detainer from the final revisions,
which were striken to preclude park owners from using Civil 798.75(c) to evict lawful occupants.
Ryan Egan violated Penal Codes 132 and 134 with specific intent to deceive a judicial officer to
steal the home from owner Schlosser Trust (who was not named or served) after its trustee died.
Title was held in the name of the trust. (see Exh. F below) Ms. Wienzierl had the financial
ability to pay rent and had been paying it all of the time she resided with her mom in the home.
The park manager denied her application for residency using inflated qualification standards
the HART|KING firm advised them to implement as part of a statewide racketeering enterprise.
Exh. F Egans RJN-omitted Pages Striking the Words Forcible Detainer From Final Revisions
to Civil Code 798.75(c) in 1987 as explained by Maury Priest in his affidavit. [see Exh. C]
Maury Priest testified he attended every legislative session in 1987, observed legislators
and heard all comments, including striking the words forcible detainer to preclude park
owners from using 798.75(c) to evict lawful occupants who were not purchasers/transferees
I emailed Ms. Boyle a template of Ms. Shipleys affirmative defenses to formulate affirmative
defenses for Ms. Wienzierl to include in an Answer to HART|KINGs unlawful eviction complaint.
Exh. G
Deanne Wienzierls Answer to Hart|Kings knowingly fraudulent eviction complaint.
In 2014 Assembly member Mark Stone introduced AB2026 to protect consumers from
artificially inflated qualification standards devised to enable park owners to deny residency.
AB2026 was introduced after consumers discovered that park owners were artificially inflating
qualification standards to obstruct sales and subleasing of mobile homes by private owners.
Park owners could just disapprove all prospective buyers or subtenants to force owners to forfeit
their homes rendered unmarketable--rather than pay $1,100 per month space rent with a vacant
home they could not sublease or sell because park managers rejected all residency applications.
3
Park owners continue to convert filched homes into dealer inventory rented to tenants
unprotected by Mobile Home Residency Law because these tenants are not home owners.
These tenants are subject to arbitrary and capricious evictions at the whims of park owners.
.
HART|KING devised a clever scheme to defeat AB2026 as shown in Exhibit H.
HART|KING circulated a Sample Letter to every park owner on the firms marketing list,
advising all park owners to mail letters to their legislators, including the following pretext:
We have a responsibility for the health, safety and quiet enjoyment
of our whole community and if we are limited in our ability to control
those factors, the quality of mobile home park living will most certainly
be negatively impacted. Please vote no on AB 2026. [see Exhibit H]
The only thing negatively impacted by AB2026 was HART|KINGs racketeering enterprise
to facilitate grand theft of mobile homes via fraudulent evictions using Civil Code 798.75(c).
The Goliath law firm defeated consumer protections in AB2026 to ensure park owners could
continue using artificially inflated qualification standards to obstruct sales and/or subleasing
of privately owned homes by denying residency applications to compel owners to forfeit homes.
Exh. H HART|KINGs Campaign to Defeat AB2026 Consumer Protection Legislation
Exh. I Williamsons Self-Marketing ads on Linked-In Reciting his Triumps Over Consumers:
favorable jury verdict for property owner against racial discrimination claim
invalidated city adopted voter rent control initiative
closure of Treasure Island Trailer Park in Laguna Beach for redevelopment of resort
defense of California developer against investor litigation charging subdivision fraud
bankruptcy litigation claim against debtor by developer
subdivision conversionsSan Diego, San Bernardino, El Dorado, Napa, Santa Clara
exempting communities from rent control in Santa Cruz
Robert Williamson failed to advertise his fraudulent use of Civil 798.75(c) to steal mobile
homes from elderly, disabled, and mentally challenged occupants to enrich wealthy park owners.
Apparently he explains the racketeering enterprise over the phone as he solicits wealthy clients.
Exh. J Williamson advises park owners to limit residency to persons over 55, which is a pretext
used to steal homes from under 55 heirs or occupants by evicting them when a homeowner dies,
after denying residency under inflated qualification standards or because occupant is not yet 55.
HART|KING pounces on the distraught victim, who just lost a loved one, with its clearlyillegal
5-day Notice to Surrender Premises under Civil 798.75(c)---- evicting the victim forthwith.
The emotionally devastated heir, straddled with funeral arrangements, forfeits the mobilehome.
The sheriff locks out the victim-rendering the heir homeless. HART|KING serves the heir with
a default judgment for attorney fees, which is waived if the heir immediately conveys the title.
4
We realize you are running for Senator. However, if you expect THE PEOPLE to support
your campaign to represent them statewide, you must show THE PEOPLE you are ready and
willing to defend the rights of THE PEOPLE, including those who are disadvantaged because
they are elderly, disabled, and/or mentally challenged. These victims lack the funds to fight
the HART|KING firm who steals their homes at will to enrich themselves and wealthy clients.
Please do not assign an underling to reply with a you need to contact a local DA form letter.
IT IS A STATEWIDE RACKETEERING ENTERPRISE AND IT IS YOUR DUTY TO STOP IT.
Donald Trump is winning because people are fed up with elected officials avoiding their duties!
Penal Code 132. Offering false evidence
Every person who upon any trial, proceeding, inquiry, or investigation whatever,
authorized or permitted by law, offers in evidence, as genuine or true, any book, paper,
document, record, or other instrument in writing, knowing the same to have been
forged or fraudulently altered or antedated, is guilty of felony. Enacted 1872.
Penal Code 134. Preparing false evidence
Every person guilty of preparing any false or antedated book, paper, record,
instrument in writing, or other matter or thing, with intent to produce it, or allow it to
be produced for any fraudulent or deceitful purpose, as genuine or true, upon any trial,
proceeding, or inquiry whatever, authorized by law, is guilty of felony. Enacted 1872.
Annotations:
This chapter is broad enough to include any interference with the production of true
evidence, whether part of a scheme or plan to obstruct justice designed and begun before
litigation has been instituted or afterward. People v. McAllister (1929) 99 CA.37
This section does not require the finding of a specific intent, as the word "knowingly"
does not impart the idea of intent, but merely refers to a knowledge of the essential
facts which bring the act within the statute. People v. Horowitz (1945) 70 CA 2d 675.
The crime of offering false evidence, described in Pen Code 132, involves moral turpitude.
In re Jones (1971) 5 Cal 3d 390.
The objective of Penal Code 132 (offering false evidence), as with Penal Code 134
(preparing false documentary evidence), is to prevent the fraudulent introduction of
material in a proceeding under the authority of law. Application of the section to inquiry
proceedings is necessitated by the purpose of discouraging the introduction of this material.
People v. Pereira (1989, 3rd Dist) 207 Cal App 3d 1057
Racketeers prey on elderly, disabled and mentally challenged victims as they are easy to defeat.
The attached court filings prove racketeers continue to facilitate grand theft of homes statewide
by wealthy park owners, who pay HART|KING to prosecute fraudulent evictions to steal homes.
We demand that you discharge your duty to prosecute this statewide racketeering enterprise
under Penal Codes 487, 132 and 134.
Nancy Duffy McCarron

Victim Rights Attorney Advocate [see Exh. K]
EXHIBIT A
- --
SUM-1 30
SUMMONS
FOR COURT USE ONLY

(SOLO PARA US0 OE LA CORTE)
(ClTAClON JUDICIAL)
UNLAWFUL DETAINER-EVICTION
(RETENCION IL~CITADE UN INMUEBLE-DESALOJO)
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NOTICE TO DEFENDANT:
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(AVISO A L DEMANDADO):
TINA DALEN aka TINA ALLEN and DOES 1to 10, inclusive
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
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STLIBBLEFIELD PROPERTIES,.a California general partnership dba

MOUNTAIN SHADOWS MOBILEHOME COMMUNITY
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You have 5 CALENDAR DAYS after this summons and Legal papers are served on you to file a written response at this court and hav&g&opy
served on the plaintiff. (To calculate the five days, count Saturday and Sunday, but do nof count other court holidays. tf the last day falls on a
Saturday, Sunday, or a court holiday then you have the next court day to file a written response.) A letter or phone call will not protect you. Your
written response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response.
You can find these court forms and more information at the California Courts Online Self-Help Center (w.courfinfo.ca.govlseIfheIp).,your county
law library, or the courthouse nearest you. Ifyou cannot pay the filing fee,ask the court clsrk for a fee waiver form. If you do not file your response on
time. you may lose the case by defautl, and your wages. mone), and property may be taken without further warning from the court.
There are other legal requirements. You may want to call an attomey right away. If you do not know an attorney. you may want to call an attorney
referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate
these nonprofd groups at the California Legal Services Web site (www.lawhelpcalifomia.org).the California Courts Online Self-Help Center
(w.courtinfo.ca.gov/seIfheIp). or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
costs on any settlement or arbitration award of 910.000 or more in a civil case. The court's lien must be paid before the wurt will dismiss the case.
Tiene 5 DlAS DE CALENDAR10 despds de que le enfreguen esta citacibn y papeles legales para presentar una respuesta por escnto en esfa
corte y hacer que se entregue una copia a1 demandante. (Para calcular 10s cinco dias, cuente 10s sabados y 10s domingos pero no 10s otros dias
feriados de la corte. Si el ultimo dia cae en sabado o domingo, o en un dia en que la corfe esf6 cerrada, tiene hasfa el prtjximo dia de corte para
presentaruna respuestapDr escrito). Vna carta o m a .Hamada felefdnica no b p t e g e n . Su respuesta por escrito tkne que estar en formato legal
correcto si desea que procesen su caSo en la corte. Es posible que haya un fomulario que usted pueda user pare su respuesta. Puede encontrar
estos formularies de la corte y mas infonnaci6n en el Centm de Ayuda de {as Cortes de California ~.sucorte.ca.gov), en la biblioteca de leyes de
su mndado o en la code que le quede mas cerca. Si no puede pagar la cuota de presentau6n. pida a1secretario de la wrte que le de un fomulario
de exenMn de pago de cuotas. Sino presenta su respuesfa a tiempo, puede perder el caso por incumplimiento y la corte le podrd quitar su sueldo,
dinero y bienes sin mas advertencia.
Hay otms requisites legales. Es recornendableque llame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio
de remisibn a abogados. S i no puede pagar a un ahgado, es p o s i M poe ~ l m p l a
con b s requisites para oMener senricios legales gratuitos de un
programa de servicios legales sin fines de lucm. Puede encontrar esfos grupos sin fines de lucro en e l sitio web de Califomia Legal Services,
(wwa.lawhelpcalifornia.org). en e l Centro de Ayuda de las Cartes de Califomia. (www.sucorte.c.a.gov) o pongndose encontacto con la corte o el
mlegio de abogados locales. A VlSO: Por ley, la code tiene derecho a redamar las cuotas y 10s costos exentos por imponer un gravamen sobre
cualquierrecup&racidn de $10.000 o mas de valor recibida mediante un acuerdo o una concesibn de arbitraje en un caso de derecho civil. Tiene que
pagar e l gravamen de la code antes de que la code puwla desechar el caso.
CASE NUMBER.
1. The name and address of the court is:
-I
(El nombre y direccion de la corte es):
Superior Court of California, County of San Bernardinb
303 W. Third Street San Bernardino, CA 92415-0210
2. The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is:
(El nombre, la direccion y el numero de telefono del abogado del demandante, o del demandante que no fiene abogado, es):
~dhn
H . Pentecost, Esq., Bar No. 99527, Robert G. Williamson, Hart, King 8 Coldren
Jr., Esq., Bar No. 7'3176, Damell P.White, Esq., Bar No.
200 Sandpointe, Fourth Floor. Santa Ana. CA 92707
714-432-8700
270038. Irene L. Kiet, Esq.. Bar No. 225007
3. (Musf be answered in all cases) An unlawful detainer assistznt (Bus. & Prof. Code, $5 6400-6415) @ did not
did
for compensation give advice or assistance with this form. (ffpiainfiffhas received any help or advice forpay from an unlawful
detainer assistant, complete item 6 on the next page.)
5" --Csr - -;
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Date:
Clerk. by
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i-i~ci*i~t.J?
Deputy
(Fecha)
/l.PR 1 8 2Qlt
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(Secretario)
(Adjunto)
(For proof of service of this summons, use Proof of Service of Summons (form POS-01 O).)
citafion use el fornulano Proof of Service of Summons, (POS-MU)).
4. NOTICE TO THE PERSON SERVED: You are served
as an individual defendant.
a.
as the person sued under the fictitious name of (specifyl:
b.
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c.
as an occupant
d.
on behaif of (sp&fy):
under:
5.
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Fonn adopled for Marmalory Use

J u t i i l Cancil ol California
SUM-130 IRev. July 1. 20091
..
CCP 416.10 (corporation)

CCP 416.20 (defunct corporation)
CCP 416.40 (association or partnership)
CCP 415.46 (occupant)
by personal delivery on (date):
- .SL~~~MONS-UNLAWFUL
DE~AINER-EVICTION
.. .
CCP 416.60 (minor)

CCP 416.70 (conservatee)
CCP 416.90 (authorized person)
other (specify):
--
--
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- .- -Pape
- t. of 2
ode of tivil Procedue. ~g 412.20.415.456. 1167

ww.wuRinlg.ca gov
wurw.Fonn~Wo~.m
Robert S, Cotdren, Esq., Bar No. 81710
1 John H. Pentecost, Eaq., Bar No. 99527
Irene L, Kiet, Esq., Bar No. 225007

DarreH P, White, Esq., Bar No, 270038
Kathy W,Nichols, Es Bar No. 227946
HART, KING C O ~ R E N
A PROFESSIONAL LAW CORPORATION
200 Sandpointe, Fourth Floor
Santa Ana, California 92707
Telephone; (714) 432-8700
Facsimile: (714) 546-7457
Attorneys for Plaintiff
SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAM BERNARDTNO, CIVIL, DIVISION
10
California eneral partnership dba

MOUNTA~NSNADuws
MOBILEHOME COMMUNITY,
COMPLAINT FOR FORCIBLE DETAMER

'I
Plaintiff,
3
TINA DALEN aka TINA ALLEN and
P)OEi 1 through 10, inclusive,
AMOUNT i
N CONTROVERSY LESS
THAN $10,000
Defendants.
--
20
I1
Plaintiff alleges:
1.
Plaintiff Stubblefield Properties, a California general partnership ("Plaintiff")
is, and at all times herein mentioned was, a general partnership organized and existing
pursuant to the laws of the State of California, and duly authorized and licensed to conduct
business in the State af California.
2.
Plaintiff is doing business a Mountain Shadows Mobilehome Community and
has complied with any and all applicable requirements of Business and Professions Code
Q* 17910, etseq.
3.
Defendant Tina Dalen aka Tina Allen is, and at ail times herein mentioned was
28 an individual residing in the City of Highland, County of San Bernardino, and within the
COMPLAINT f O R FOXC,'lBI,E D E T A I M E R
above-mentioned judicial district.

4.
The true names and capacities of the Defendants Does 1 through 10, indusive,
whether individual, corporate, associate or otherwise, are unknown to Plaintiff, who

therefore sues said Defendants by such fictitious names. Plaintiff will seek leave of this
1 court to amend this Complaint to show DOE Defendants' true names and capacities when the
i
same have been ascertained.
5.
Plaintiff is informed and believes, and upon such infomation and belief
alleges, that at all times herein mentioned, DOE Defendants, and each of them, are in
possession, either in person or by subtenant, of the premises described hereinbelow.
6.
Whenever appearing in this Complaint, each and every reference to Defendants
or to any of them, is intended to be and shall he a reference to all Defendants herein, and to
each of them, named and unnamed, including all fictitiously named Defendants.
7.
The real property which is the subiect of this Complaint is located within the
judicial district and County in which this action was brought. The real property is commonly
known as 4040 E. Piedmont Drive, Space 124, Highland, California, 92346 (hereinafter the
"Premises").
8.
Plaintiff is &e owner of the Premises and is entitled to immediate possession
thereof.
9.
This action is brought pursuant to Section 1159 el seq. of the California Code
of Civil Procedure. The total amount in controversy does not excecd Twenty-five Thousand
Dollars (%25,000.00). Plaintiff hereby waives the demand for, and remits recovery of, any
and all sums in excess of the jurisdictional limits of this court, exclusive of costs and interest.
10.
On or about March 28, 201 1, Plaintiff served on Defendants a written Five (5)
Day Notice to Surrender Possession (hereinafter "Notice") demanding that Defendants

surrender possession of the Premises to Plaintiff, but Defendants failed to surrender the
Premises, then, within five (5) days thereafter, or at all, and continue in possession of the
Premises. A true and correct copy of the Notice is attached hercto, marked Exhibit "1" and
incorporated herein hy this reference.

-- .
2
COI.IPL.4INT FOR FORCIBLE DET.4iNER
. --
11.
Pursuant to Section 1162 of the California Code of Civil Procedure, the Notice
was posted in a conspicuous place at the Premises, and a copy of the Notice was sent by U.S.
Mail to Defendant at the Premises. A true and correct copy of the Proof of Service is
attached hereto, marked Exhibit "2" and incorporated herein by this reference.
12.
The period stated in the Notice for Defendants to quit the Premises expired on
April 4, 201 I . Defendants have failed to deliver up possession of the Premises as denanded
therein.
13.
Prior to service of the Notice, Defendants had, without Plaintiff's consent or
approval, without signing a rental agreement, and without becoming the registered owner of
the mobilehome situated at the Premises, entered into
14.
of the Premises.
Following service of the Notice, Defendants have continued to hold and keep
possession of the Premises without Plaintiffs consent or approval, without signing a rental
agreement, and without becoming the registered owner of the mobilehome situated at the
Premises.
15.
Defendants have continued to hold and keep possession of the Premises by
force and in violation of Civil Code $798.75 by failing to sukender the Premises to Plaintiff
up to and including the date of this Complaint, and Defendants are threatening to remain
permanently in possession of the Pranises. Defendants' detention of the Pranises has been
willhl, intentional, deliberate and obstinate.
16.
The reasonable rental value of said Premises is 'Fhirty-One Dollars and Thirty-
Seven Cents ($31.37) per day, plus utilities actually consumed, and damages to Plaintiff
caused by the acts of Defendants as alleged have accrued at that rate since April 5,201 1 until
judg~ncnt,and will continue to a c m e at that rate as long as Defendants remain in possession
of said Premises and until possession is restored to Plaintiff.
17.
Civil Code I j 798.85 provides that, in any action arising out of the provisions of
the Mobilehome Residency Law, the prevailing party shollld be entitied to reasonable
attorneys' fees and costs, Plaintiff has retained the law firm of Ilart, King & Coidren as its
attorneys, and has incurred and will continue to incur attorneys' fees, the full extent of which
X56%.M114819-81tlI-7337~.
I
3
COkfPLAINT FOR FORCIBLE D&T/tlhJER
is current1y unascertained.
WHEREFORE, Plaintiff prays for judgment as follows:
1.
For possession of the Premises;
2.
For damages at the rate of Thirty-One Dollars and Thirty-Seven Cents ($3 1-37)
per day from and after April 5, 201 1 , as the reasonable rental value of the Premises until
judgment or for as long as Defendants, or any of them, continue to occupy the Premises;
II
3.
For interest at the legal rate on all sums due hereunder, from the date hereof;
4,
For reasonable attorneys' fees;
5.
For costs of suit incurred herein; and
6.
For such other and further relief as the Court may deem just and proper.
13 Dated: April
14
15
I6
17
18
HART, KING & COLDREN
HART, KING & C Q L O R E N
Our Fite Number: 36%8.00t1485&8076-9801v.l
FIVE (5) DAY NOTICE TO SURRENDER POSSESSION
TO:
Tina Dalen aka Tina Allen and all unknown occupants
PREMISES: 4040 E. Piedmont Drive, Space 124

Highland, CA 92346
(hereinafter the "Premises")
YOU ARE HEREBY NOTIFIED that, pursuant to California Civil Code 3 798,75(c), you
are required to surrender possession of the Premises.
California Civil Code 5 798.74 specifically provides that management has the right to
prior approval of a purchaser of a mobilehome that will remain In the Park. Further,
California Civil Code 3 798.75(b) provides that: "In the event the purchaser fails to
execute the rental agreement, the purchaser shall not have any rights of tenancy."
It appears you have moved into the mobilehome at Space 324 in Mountain Shadows
Mobilehome Community (the "Park"), but have failed to sign a rental agreement and
have not applied for tenancy in the Park. The Park is aware that you previously acted
as the caregiver for Joyce A. Dalen, who apparently now resides in a convalescent
home. Since you are no longer acting as a caregiver for the resrdent of Space 124, you
are now an unlawful occupant and must immediately surrender possession and vacate
the Premises.
THIS IS TO NOTIFY YOU THAT YOU ARE OCCUPGING A MOBILEHOME SITE
WITHOUT THE APPROVAL OF MANAGEMENT AND THAT YOU HAVE FIVE (5)
DAYS TO SURRENDER THE SITE OR MANAGEMENT WlLi INSTITUTE JUDICIAL
PROCEEDINGS AGAINST YOU,
'THIS NOTICE IS INTENDED AS A FIVE (5) DAY NOTICE TO VACATE THE
PREM1SES.
WARNING: The California Civil Code 5 798.85, provides as follows:
"In an action al'ising out of the provisions of this chapter, the

prevailing party shall be entitled to reasonable attorneys'
fees and costs. A party shall be deemed a prevailing party
for the purposes of this section if the judgment is rendered in
his favor
or where the litigation is dismissed in his favor prior
to or during the trial unless the parties otherwise agree in the

settlement or compromise.''
A Professional Law Corporalion
200 Sandpointe, Fourth Floor. Sanfa Ana, California 42707
Ph 714.432.8700 Iwww.hkclaw.com 1 Fx 714,546.7457
Tina Dalen &a Tina Allen

March 24, 201I
Page 2
WARNING: The California Code of Civil Procedure 5 1033 jb) (21, provides as follows:
When a prevailing plaintiff in a limited civil case
(b)
recovers less than the amount prescribed by law as the
maximum limitation upon the jurisdiction of the srnali claims
court, the following shall apply:
When the party could have brought the action
(1)
in the small claims division but did not do so, the court may,
in its discretion, allow or deny costs to the prevailing party, or
may allow costs in part in any amount as it deems proper.
(2)
When the party could not have brought the
action in the small claims court, costs and necessary
disbursements shall be limited to the actual cost of the filing
fee, the actual cost of setvice of process, and, when
otherwise specifically allowed by law, reasonable attorneys'
fees. However, those costs shall only be awarded to the
plaintiff if the court is satisfied that prior to the
commencement of the action, the plaintiff informed the
defendant in writing of the intended legal action against the
defendant and that legal action could result in a judgment
against the defendant that would include the costs and
necessary d isbursements allowed by this paragraph.
Dated: March 24,201 1
HART KING & COLDREN

.
<
A
,
;.
"q
.Agent fohdountain Shadows
me Comrnuntty
PROOF OF SERVICE
TIna Dalen.aka Tina Allen
And all Residenla in Po5~assion
4040
Address:
E.Piedmont Drive. Spate 124
Dai6 of Service:
Docwnenl(a) Served:
'Three (3) D3y Nolice fo Pay Iien! and Sixty (60)Ray ' N ~ t lto
~ e'feminale'Possession
Three (3) Day Nalice ta'Pdrlormhveneeis end Sixty (60)Bay Notice torerminale PossessirrmSeven (7) Day Nolice {Civil Code 5 798.56)
Sirty (60) .Daylilatiic.lo Taminale Possession
Five (5) .Day Ncilce (Glvil Code) 798.75&]
U
'U
fi
CHECK ONLY ONg;
.me(hod NO. 1: On Ihe dale of Senrlce set lbrfh akm, I served Ihe abnve referenced fiocumenlts! on f h ~enarrt{s)
~
by
lenanl. .pursuanl to California Code of Civil
personally delivering a copy lo -...-
P~ocedure5 1162.
Method No. 2: On ihe dale oi Sewice .set 'forth above. i served the above-relerenceddacumenl(s) by leaving z copy wilh
son,e person of suilahle.age end-discrellonat Ihe address set k r t h abcw, and sending a copy lhrough fhe mail addressetf Lo
]he tenanf(s) at the place of residancrs, purwanl lo Calirwnie Code of Cfvil Procedure3 1162.
m'
Method No. 3: On the dafe of Senria! -set -forth above, 1 sewed-the ebow-rsfer~nceddacurnent{s) by affixing e copy in a
~o:ons@cuous
place on Ihs property. rind -also.sehdlnga copy through the maif addressed 10 the fenanl(s) at the place where
fhe properly Is -situaled, pursuanf la Calliornia Code of Civll Procedure 5 1762.
AODlTIONAL sewlcE .requiremen1 applbble OMtY lo oewlce o'f .any'Strty.{GD) Day Notice (pursuant
Three (33 Day Noitce It the lenanl
no\cursd Ihe default (pursuant Io CMI Code.$.758.56(eKl)):
10 Civil Cods
5 798.5Sfb)) and
ha6
$HECK ON&Y ONE:
M/
In sddilion lo serviu? uwn Ihe lena 5 s - el forth above, a copy of the nolicets) were .sent !O Ihe legs! and registered
owners of the mobilehome. vn
,MI(.who sre other lhsnrhe iesrd(a). .bywNOed or l ~ g i s l c r r dOnil~d
States mail ruilhin len (10) days of Ihe ale of service set forth above, atfdressed lo the !?gat and regidered owners who are
alher lhan lenanf(s) at the nddress(es) betm.
Reffistered Owner
There ara no legal or regislered owners.of.lhe-mobilehome.olherfban.lhc tenant(s).

D'.=== =--+------~=C,=====c=5=P111'---- ---------- -----
="
-*-
----r-rr-,"..------,cr-----xl==e--.----,-
-'---'-
----.
..-.---
I hrteby declare Ihe foregoing la be !rue and corrrr
EXECUTED lhis
zgf
day .of
Mar
, California
EXHIBIT B
SUMMONS
r
G l T ACION JUDICIAL)
SUM-1
FFCWRT
USE ONLY
/SOLO PARA USOM LA
CORTEI
FILED
SUPERIOR COURT OF CALlFORNiA

COUNTY OF SAN OEHWRDINO
SAN BERNAflD1NO ClVlL DIVISION
( ~ E T E N C I ~IL~CITA
N
DE U N INMUEBLE-DESALOJO)
NOTICE f 0 PEFENDANT:
AUG 2 7 2012
1 to 10, inclusive
YOU ARE E ~ I N GSUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
STUBBLEFIBLD PROPERTIES, a California general partnership dba
BY,
CELlA FIERRO, DEPUll
M-OUNTAIN$HADOWS MOBILEHOME COMMUNITY

You have 5 ALENDAR DAYS after this summans and legel papers are served On you 10 flte a written response at this court and hew a copy
sewed on the p$intiff. (To calculate the five days, count Saturday and Sunday, but do not count other mud holidays. If the last day falls on a
Saturday, Sundqy, or a court holiday then you have the next court day lo file 6 wrltten response.) A lelter or phone call Hlill not protect you. Your
written response must be in proper legal form if you want the mud to hear your case. There may be a court form that you can use for your response
Yor~can find t h e e courf forms and more information at the California Coutis Online SelfHelp Center (m
courtinfo.ca.~w/selAe@).
your county
law library, or thb courlhause nearest yau. If you cannot pay the filing fee. ask the court clerk for a fee waiver form. Ifyou do not file your response on
lime. yau may lqse the case by default, and your wages. money, and property may he taken without further warning from the court.
There are other legal requlrements. You may want lo call an attorney right away. If you do not know an attorney. you may want to Call an attorney
referral senrlce. I you cannot afford an attorney. you may be eliglble for free legal services from a nonprofitlegal s e ~ l c a sprogrem. You Car, bcate
these nonprofi $roups at the California Legal Services Web site (www.lewhelpcelIomia.org),the California Courts Online Self-Help Center
(www corrrtinfo.$a.gov/st!IIhe~),
or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived feesand
cosls on any se lement or arbitrat~onaward of 5 10,000 or more In a clvll case. The court's lien must be paid before the court will dismlss the case.
Tiene 5 DlAdDE CALENDARICJdespues do gue le enltaqmn este ct1acIdn y papelas /egafes para presentar una r~spuestap f e ~ C l f o
en esta
code y hacer qt49 se entmgue una copia el demandank. (Pare ca/crtlar los cinm dfes, cuenle I- shbados y los domingos pem m los ofms dfas
fenbdos de la code. Si el liltimo dla cae en sAbedo o dorningo, o en un dla en que b W e estb cemde, tiene haste elprdximo dfe de corle pare
prosentar rlna mspuesta por escrilo). Una carla o una Lmada te/efdnIca no lo pmtegen. Su respuesla porescritn tiene que esfar en formato legel
corrccto si desee 9116 pmcesen st) ceso en la Code. Es posible que haya un formuIBrio que ustedpuedrr user per6 su respueste, Puede encontrar
eslos formulario~de h cotie y mAs infomacldn en el Centro d8 Ayuda de ias Cories de California ~ , s u ~ o ~ e . c a , g O ven) .la biblioteca de /eyes de
su condado o efl la corie qrie le quede mds cem. SJno puede pager la cuote de presentacldn, plda elsecretario tie la code grre le dB un formulario
de exenMn de pago de cuofas. Si no present0 su respuesta a liempo, puede perclef el caso por incumplimlento y IB
code le podrB quiter su suelclo,
dinen, y bienes pin m8s advetlamia,

Hay o t m mt?uisitos legales. Es recornendable que \lame a un abogado inmediatamente. Si no conoce a un ebogado, poeda Uamar a un ssrv(cio
de mrnisidn 8 84ngedos. SI no puede pagar a U n abogado, es posible que cumpts con 10s requisffos pare oblener servicios Iegeles gretuitos de un
program8 de sem'cios legales svr fines de Iucm. Puede encontrar eslos gmpos sin lines de iucm en el sitlo web de Calibmi8 l e g a l Services,
(www.lawhemlifornla.org), en el Centm de Ayuda de 16s Cortes de Cefifomia, ~ . s u c o r t e . c e . g o vo pongndose en contact0 con la m e o el
cobgro de sbogsdos !scales. AVISO: Por by,la coae t&ne derecho a reciemar Ies cuotaS y 10s cost08 exentos por imponer un gravamen sobre
cilalqr~ierrect~pjrackln
de 3 10.000 d mds de valor redblda mnediante I n acuerdo o une cuncesidn de snbitra]e en un caso de derecho ovil. flsne que
pegar el gravam/9n de ia corle antes UB que Is carte puede desechsr el ceso.
CASE NUMBER:
I. The name a/nd address of the court is:
(Et nombm y direccibn de 18 corte es):
Superior Cburt of California, County of San Bernardino
/ " I O D S 1 2 0 4 ~ 3 ~1
303 W. Third Street San Bernardino, CA 92415-0210

2. The name, address, and telephone number of plainliffs attorney, or plaintiff without a n attorney, is:
(El nombn?, /a direccidny el nrimem de telhfono del abogado del demandante, o del demandante que no tiene abogado, eSJ:
John H. Peqfecost, Esq., Bar No. 99527, Robert G. Williamson, Hart, King & Coldren
Jr., Esq., B4r No. 73176. Richard P.Gerber, Esq., Bar No.
200 Sandpointe, Fourth Floor, Santa Ana, CA 92707
59395, JustQsJ. Brilt. Esq., Bar NO.267352
714-432-8700
3. (MIJS~
be anbwered in all cases) An unlawful detafner asslstant (Bus. B Prof. Code, 55 6400-6445)
did not
did
for compens(aflon give advice or assistance with this form. (Ifplaintiffhas received any help or advice for pay
. - from an unlawbl
detainer asdsfanf,-complete item 6 an the next page.)
Date:
Clerk, by
CELN FIERW
(Fechal
(secretado)
,( A
D~~f mPl oW]
AU4 f l
r
(F or proof ot seqice of this almmons, use Proof of Service of Summons (form POS-OYO).)
jPafX8
- pruebs de entrega de este cilstidn use el fonulario Proof of Service of Summons, (POS-010)).
(SFMI
TO THE PERSON SERVED: You are seged
as an individual defendant.
as the person sued under
c.
as an occupant
on behalf of (specify):
d.
under:
CCP 416.20 (defunct corporation)
C) cCP 416.40 (association or partnership)
CCP415,46(0ccupant)
g
by persons1 delivety o n (dale):
-5
L.
-.
C7
CGP 416.60 (minor)

CCP 418.70 (consewatee)
CCP 418.90 (authorizedperson)
other (spec;@):
=m';x7-20(z
Paga f of 2
Farm Adnfled for ~ d v r / sI Jt * ~

J&dd CouncH of CWwnIa
SUM1301Rsv h l y i.
SUMMONS-UNLAWFUL OETAINER-EVICTION
coded C W ~praceem. $4412.20. 415 456
1167
HHIY wuThntb.ca.gov
Robert S. Coltlren, Esq., Bar No. 81710 ' .

John H. Pentecost, Esq., Bar No. 99527
Richard P. Gerber, Esq., Bar No. 59395
Darrell P. White, Esq., Bar No. 270038
Justus J. Britt, Esq., Bar No. 267352
A PROFESSIONAL LAW CORPORATION
200 Sandpointe, Fourth Floor
Telephone: (714) 432-8700
Facsimile: (714) 546-7457
FiI-ED
SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN 8ERNARDllrlO
S A N BERNARDl5lO CI\/IL DIVISION
AUG 2 7 2012
BY
CELlA FIERRO, DEPUTY
1I
7 Attorneys for Plaintiff
lo
COUNTY OF SAN BERNARDINO DISTRICT - CIVIL DIVISION
STUBBLEFIELD PROPERTIES, a
California general partnership dba
MOUNTAIN SHADOWS
14
Plaintiff,
Case NO.:
UDDSIZ04130
COMPLANT FOR FORCIBLE DETAINER

AMOUNT IN CONTROVERSY LESS
THAN $10,000
BONNIE SHIPLEY and DOES 1 through

10, inclusive,
Defendants.
l9
H
n
H
R
I
Plaintiff alleges:
1.
Plaintiff Stubblefield Properties, a California general partnership dba Mountain
20
21 Shadows Mobilehome Community ("Plaintiff') is, and at all times herein mentioned was, a
22 general partnership organized and existing pursuant to the laws of the State of California,
23 and duly authorized and licensed to conduct business in the State of California.
Plaintiff is doing business as Mountain Shadows Mobileholne Cornrnunity and
R
25 has coinplied with any and all applicable requirements of Business and ~rofessionsCode
24
26
2.
1I
1I 9
1 79 10, el seq.
3.
Defendant Bonnie Shipley is, and at all times herein mentioned was an
2711
28 individual residing in the City of Highland, County of San Bernardino, and within the above1
.!6561.022/4850-2956-1296~. 1
COMPLAIiVT FOR FORCIBLE DETAINER
mentioned judicial district.

4.
The true names and capacities of the Defendants Does 1 through 10, inclusive,
whether individual, corporate, associate or otherwise, are unknown to Plaintiff, who

therefore sues said Defendants by such fictitious names. Plaintiff will seek leave of this
court to amend this Colnplaint to show DOE Defen'dants' true names and capacities when the
same have been ascertained.
5.
Plaintiff is informed and believes, and upon such information and belief
alleges, that at all times herein mentioned, DOE Defendants, and each of them, are in
possession, either in person or by subtenant, of the premises described hereinbelow.
6.
Whenever appearing in this Complaint, each and every reference to Defendants
or to any of them is intended to be and shall be a :reference to all Defendants herein, and to
each of them, named and unnamed, including all fictitiously nained Defendants.
7.
The real property which is the subject of this Co~nplaintis located within the
judicial district and County in which this action was brought. The real property is com~nonly
known as 4040 E. Piedmont Drive, Space 333, Highland, California 92346 (hereinafter the
"Premises").
8.
Plaintiff is the owner of the Premises and is entitled to immediate possession
thereof.
9.
This action is brought pursuant to Section 1159 et seq. of the California Code
of Civil Procedure. The total amount in controversy does not exceed Twenty-five Thousand
Dollars ($25,000.00). Plaintiff hereby waives the demand for, and remits recovery of, any
and all sums in excess of the jurisdictional limits of this court, exclusive of costs and interest.
10.
On or about August 11,2012, Plaintiff served on Defendants a written Five (5)
Day Notice to Surrender Possession (hereinafter "Notice") deinanding that Defendants

surrender possession of the Premises to Plaintiff, but Defendants failed to surrender the
Premises, then, within five (5) days thereafter, or at all, and continue in possession of the
Premises. A true and correct copy of the Notice is attached hereto, marked Exhibit "1" and
incorporated herein by this reference.
--
--
--
2
36568.02214850-2976-1 2 9 6 ~1.
COMPLAINT F O R FORCIBLE DETAINER
1 1.
Pursuant to Section 1162 of the Califcrnia Code of Civil Procedure, the Notice
was posted in a conspicuous place at the Preinises, aind a copy of the Notice was sent by U.S.
Mail to Defendants at the address of the Premises. A true and correct copy of the Proof of
Service is attached hereto, marked Exhibit "2" and incorporated herein by this reference.
12.
The period stated in the Notice for Defendants to quit the Premises expired on
August 16, 2012. Defendants have failed to deliver up possession of the Premises as
demanded therein.
13.
Prior to service of the Notice, Defendants had, without Plaintiffs consent or
approval, without signing a rental agreement, and without becoming the registered owner of
the mobilehome situated at the Premises, entered into possession of the Premises.
14.
Following service of the Notice, Defendants have continued to hold and keep
possession of the Premises without Plaintiffs consent or approval, without signing a rental
agreement, and without becoming the registered owner of the mobilehome situated at the
Premises.
15.
Defendants have continued to hold and keep possession of the Premises by
force and in violation of Civil Code $ 798.75 by failing to surrender the Premises to Plaintiff
up to and including the date of this Complaint, and Defendants are threatening to remain
permanently in possession of the Preinises. Defendants' detention of the Preinises has been
willful, intentional, deliberate and obstinate.
16.
The reasonable rental value of said Premises is Thirty Dollars and One Cent
($30.01) per day, plus utilities actually consumed, and damages to Plaintiff caused by the
acts of Defendants as alleged have accrued at that rate since August 17, 2012, until
judgment, and will continue to accrue at that rate as long as Defendants remain in possession
of said Preinises and until possession is restored to Plaintiff.
17.
Civil Code $ 798.85 provides that, in any action arising out of the provisions of
the Mobilehome Residency Law, the prevailing party should be entitled to reasonable
attorneys' fees and costs. Plaintiff has retained the law firm of Hart, King & Coldren as its
attorneys, and has incurred and will continue to incur attorneys' fees, the full extent of which
3
36568.02214850-2976-12 9 6 ~1.
C O M P L A I N T F O R FORCI'BLE D E T A l N E R
is currently unascertained.
WHEREFORE, Plaintiff prays for judgment ;as follows:
1.
For possession of the Premises;
2.
For damages at the rate of Thirty Do1:lars and One Cent ($30.01) per day from
and after August 17, 2012, as the reasonable rental value of the Premises until judgment or
for as long as Defendants, or any of them, continue to occupy the Premises;
3.
For interest at the legal rate on all sums due hereunder, from the date hereof;
4.
For reasonable attorneys' fees;
5.
For costs of suit incurred herein; and
6.
For such other and krther relief as the: Court inay deem just and proper.
Dated: August 21,2012
By:
<
oh' N.Pentecost
Richard P. Gerber
Darrell P. White
Justus J. Britt
Attorneys for Plaintiff
COMPLAINT FOR FORClBLE DETAINER
HART, K I N G & COLDF?E:N

John H. Pentecost
jpenlecosl@hkclaw.com
Our Fil'e Number: 36568.02214615-0929-0256v.1
FlVE (5) DAY NOTICE TO SURRENDER POSSESSION

TO:
Bonnie Shipley and all Unknown Occupants
PREIVIISES: 4040 E. Piedmont Drive, Space 333

Highland, CA 92346
(hereinafter the "Premises")
YOU ARE HEREBY NOTIFIED that, pursuant to California Civil Code 798.75(c), you
are required to surrender possession of the Premises.
California Civil Code 798.74 specifically provides that management has the right to
prior approval of a purchaser of a mobilehome that will remain in the Park. Further,
California Civil Code 798.75(b) provides that: "In the event the purchaser fails to
execute the rental agreement, the purchaser shall not have any rights of tenancy."
You have moved into the mobilehome at Space 333 in Mountain Shadows Mobilehome
Community, but have failed to sign a rental agreement and have not applied for tenancy
in the Park.
You have moved into the mobilehome at Space 333 in Mountain Shadows without being
approved as a sublessee, or any other capacity. This is in violation of Rules and
Regulations of Mountain Shadows Mobile Community.
THIS IS TO NOTIFY YOU THAT YOU ARE OCCLIPYING A MOBILEHOME SI'FE
WITHOUT THE APPROVAL OF MANAGEMENT AND THAT YOU HAVE FIVE (5)
DAYS TO SURRENDER THE SITE OR MANAGEMENT WILL INSTITUTE JUDICIAL
PROCEEDINGS AGAINST YOU.
THIS NOTICE IS INTENDED AS A FlVE ( 5 ) DAY NOTICE TO VACATE THE
PREMISES.
WARNING:
The California Civil Code 798.85, provides as follows:

"In an action arising out of the provisions of this chapter, the
prevailing party shall be entitled to reasonable attorneys'
fees and costs. A party shall be deemed a prevailing party
for the purposes of this section if the judgment is rendered in
his favor or where the litigation is dismissed in his favor prior
to or during the trial unless the parties otherwise agree in the
settlement or compromise."
A Professional Law Corporation

200 Sandpointe, Fourth Floor, Santa Ana. Callifornia 92707
Ph 714.432.8700 ( www.hkclaw.com I Fx 714.546.7457
Bonnie Shipley and all Unknown Occupants

August 10, 2012
Page 2
WARNING: -The Califorr~iaCode of Civil Procedure 5 1033 (b) (2), provides as follows:
(b)
When z prevziling plaintiff in a limited civil case
recovers less than the amount prescribed by law as the
maximum limitation upon the jurisdiction of the small claims
court, the following shall apply:
When the party could have blrought the action
(1)
in the small claims division but did not do so, the court may,
in its discretion, allow or deny costs to the plrevailing party, or
may allow costs in part in any amount as it deems proper.
(2)
When the party could not have brought the
action in the small claims court, costs and necessary
disbursements shall be limited to the actual1 cost of the filing
fee, the actual cost of service of process, and, when
otherwise specifically allowed by law, reasonable attorneys'
fees. However, those costs shall only be awarded to the
plaintiff if the court is satisfied that prior to the
corr~mencement of the action, the plaintiff informed the
defendant in writing of the intended legal action against the
defendant and that legal action could result in a judgment
against the defendant that would include the costs and
necessary disbursements allowed by this p,aragraph.
Dated: August 10, 2012
Agent for Ivlountain Shadows

Mobilehome Community
,/.-
/---
Atrornex or ? a r ~ '~r.irhorrrAnorriqi:
JOHN H. PENTECOST, ESQ.: Bar #99527
200 SANDPOINTE AVENUE
4TH FLOOR
SANTA ANA, CA 92707
FAXNo: 71 4-546-7457
Teleplrone No: 7 14-432-8700
For Cour? Use OJI!~.
Rej: ,Vo. or File NO.:

Arrorrre~Jor-:
Inserr nanre of Courr, arid Judicial Disrricr and Brarrch Co~ir-I:
PROOF OF SERVTCE
FTVE (5) DAY NOTTCE
I~earirr~
Dare:
Tinrc:
Depf/Dilc
Case N~rmher:.
unavailable
I. Al !he rime of senrice / was a! leas! 18 jlears of age and nor a party ro /his acrion.
2. 1 served copies of the Five (5) Day Notice T o Surrender Possession
3. a. Par-I!,served:
4.
Bonnie Shipley
Address wltere rlte par@ was senred:
4040 E. Piedmont Drive

Space 333
HIGHLAND, CA 92346
5. I ser-ved [hepar-h~:
d. by other means 011: Sat., Aug. 1 1, 201 2 at: 9:45AM By posting a copy for eaclh tenant in a conspicuous place on the property
therein described, being no person of age and discretion to be found of said tenant(s) at property where situated, and mailing.
party in item 3
(2) (Home)By posting a copy for each tenant in a conspicuous place on the property therein described, being no person of age
and discretion to be found of said tenantis) at property where situated, and ];nailing.
(4) 1 thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served at the place where tl~e
copies were left (Code Civ. Proc., 115.20). I mailed t l ~ edocument on: Sat., Aug. 11, 2012 from: HIGHLAND, CA
7. Person Wlro Served Papers:
a. Alejandro Valenzuela
3600 Lime Street, Suite 626
Riverside, CA 92501
Telephone
(951) 779-11 10
Fax
(951) 779-01 00
www.firstlegalnetwork.com
Recoverable Cost Per CCP 1033.5(a)(4)(B)
d. T l ~ eFee.for- Service was:
$90.00
e. T am: (3) registered California process server
(i,, Independent Contractor

(ii) RegisrrarionNo.:
1679
(iii) Coun~j~:
(jig Esyiralion Dale:
Orange
Sat, Aug. I 0,201 3
. I declare rrrrder-pcnul~~
ofperj~rr:~~
urrder-the larvs of the State of California fhof /he foregoirlg is trrre n r r ~ ( ~ o ~ r e c t .
Dare: Tlre, Aug. 14, 2012
Judicial Council Form
tulc t.l5n.(a)...(h)
Rcv .January 1,2007
PROOF OF SERVICE
FIVE (5) DAY NOT1 CE
-!
Afmrne).or Fato: ~cifbouf

Affor?ie.v:
JOHN H. PENTECOST, ESQ.; Bar #99527
200 SANDPOlNTE AVENUE
4TH FLOOR
SANTA ANA, CA 92707
FAX No: 714-546-7457
Telepl~oneNo: 7 14-432-8700
ReJ
1.
For
Courf bke Ori(1-
No. or File No.:
Afror7ieyfor:
Ir~sennome of Courf, and Judicial Disrricr and Brorich Courf:
PROOF OF SERVICE
FIVE (5) DAY NOTICE
Heari~rgDale:
Time:
Depf/Div:
Case Nuniher:
unavailable
1. Ar rhe rirne of sen~ice1 i.va.7 al leas1 18j~earsof age and nor a party 10 this aclion.
2. I served copies of the Five (5) Day Notice To Surrender Possession

3. a. Pal-iy senled:
ALL UNKNOWNJ OCCUPAjNTS IN POSSESSION
4. Address >v11ererhe parry ivas senled:
4040 E. Piedmont Drive

Space 333
HIGHLAND, CA 92346
5. 1sen)ed rhe parljJ:

d. by other means On: Sat., Aug. 1 1,2012 at: 9:45AM By posting a copy for each tenant in a conspicuous place on the property
therein described, being no person of age and discretion to be found of said tenant(s) at property where situated, and mailing.
party in i tern 3
(2) (Home)By posting a copy for each tenant in a conspicuous place on the property tl~ereiiidescribed, being no person of age
and djscretio~lto be found of said tenant(s) at property where situated, and nnailing.
(4) 1 thereafter mailed (by first-class, postage prepaid) copies of the docu~nentsto the person to be served al the place where tl~e
copies were left (Code Civ. Proc., 11 5.20). I mailed the document on: Sat.. Aug. 1 1 . 201 2 from: HIGHLAND, CA
7. Persort Who Served paper.^:
a. Alejandro Valenzuela
Recoverable Cost Per CCP 1033.5(a)(4)(B)
d. The Fee.for- ,Senlice was:
$35.00
e. I am: (3) registered Califor~iiaprocess server
3600 Lime Street, Suite 626

Riverside, CA 925131
Telephone
(951) 779-1 110
Fax
(951) 779-01 00
www.firstlegalnetwork.com
(0 Independent Contractor
(ii) Regi.srrarion No.:
1679
(iii) C O I J I T ~ :
(iy) Espirarion Dare:
Orange
Sat, Aug. 10.201 3
. I declare u n d e r p e r ~ a lo~flp cjrry. nllder tlte l a ~ r of

~ s the Slate o f Califor.rlia f l ~ aflte.for-egoir1g
f
is rrrre artd ~oi.1-ecr.
<<
Date: Tue, Aug. 14, 2012

Judicial Council Forin
!ule Z.lSO.(a)Sr(b) Rcv.l:~~iuat-y

1.2007
PROOF OF SERVICE
FI\'E
( 5 ) D A Y NOTICE
VERIFICATION
STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO

I have read the foregoing COMPLAINT FOR FORCIBLE DETAINER and lcnow its
4 contents.
I am a party to this action. The matters stated in the foregoing document are
5
6 true of my own kno~vledgeexcept as to those matters which are stated on information and
7 belief, and to those matters I believe them to be true.
I am
an officer
a partner
an authorized agent of Plaintiff and make
9 this verification rather than Plaintiff for the reason tl7a.t am the custodian of records and
10 person most knowledgeable of the facts alleged in !:he C:oinplaint and maintain the files and
I I records for Mountain Shadows Mobilehome Community. I am authorized to make this
12 verification for and on its behalf, and I make this verification for that reason.
I aim informed and believe and on that ground allege that the matters stated in
13
14 the foregoing document are true.
I am informed and believe and on that ground allege that the matters stated in
15
16 the foregoing document are stated on inforination and belief, and as to those matters 1 believe
17 them to be true.
T am one of the attorneys for
IS
a party to this action.
19 Such party is absent froin the county of aforesaid where such attorneys have their offices,
I1
30 and I n~alcethis verification for and on behalf of that part): for that reason. I. am informed
21 and believe and on that ground allege that the rnatters stated in the foregoing document are
22 true.
23
Executed on August
24
T declare unde.r penalty of perjury under the laws of the State of California that the
5;1, ,20 12: at Highland, California.
1I
25 foregoing is true and correct.

26
Marvin Freeman
/Y) R U I N F/PIZXEA~R
AI
Type
or
Print
Name
28
27
EXHIBIT C
Nancy Duffy McCarron, CBN 164780

950 Roble Lane
Santa Barbara, CA 93 103
805-450-0450 f a 805-965-3492
nancyduflysb yahoo.com
Real Estate roker Lic. #00853086
f?
Attorney for Defendant Bonnie Shipley

C o u N r Y OF SAN BERNARDINO
STUBBLEFIELD PROPERTIES,
California General Partnership,
11
ba Mountain Shadows Mobile

me Community
v.
ONNIE SHIPLEY,
21
22
23
24
25
Case No.
--
---
UDDS 1204 130
"
filed: 8-27-2012
SUPPORTING DEFENDANT'S MOTION FOR SUMMARY

JUDGMENT
& OPPOSMG PLAINTIFF'S MOTION FOR
Plaintiff,
SUMMARY JUDGMENT; filed with Separate Statement of
Undisputed Facts Declarations: Nancy Duffy McCarron,
Bonnie Shipley; To be considered with D's Request for
Defendant. Judicial Notice filed Dec. 26,201 2 (with MJOP)
0-2012
0-2012: court continued to 12-17-20 12
-1 3-2012:ct vacated due to death P's side
Date: January 28,2013

Time: 8:30 a.m.
Dept. S-32
Honorable Donald Alvarez
1 I, MAURICE A. PRIEST, declare:
20
------"--*>
DECLARATION OF MAURICE A PRIEST
l7
18
--
1. I am an attorney over 18, not a party, and make these statements based on personal knowledge.
1 2.
1
1
1make these statements in support of defendant's motion for summary judgment and opposing
plaintiffs motion for summary judgment. My statements relate to the parties' dispute concerning
legislative intent in enacting Civil Code 5798.75 in 1987. Attorney McCarmn provided me with a
of "Plaintiffs Supplemental Request for Judicial Notice" filed for a January 10,2013 hearing.
/ copy
attached Exhibits I 4 ) . I have amched the relevant Exhibits L, M, and N addressed below.
11 3. (with
From 1980 to 2008 I was a registered lobbyist at the State Capitol representing Golden State
Mobilehome Owners League, Inc. (GSMOL) GSMOL opposed the bill which created Civil Code
Section 798.75 and requested specific amendments to the bill which were made to the legislation
before it was passed and enacted by Civil Code Section 798.75. 1 was personally present during all
hearings on the bill and I have persong knowledge of the le~islativeprocess as I represented
-0DECLARATION OF MAURICE A. PRIEST SUPPORTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
& OPPOSING PLAIN'I'IFF'S MOTION FOR SUMMARY JUDGMENT
EXHIBIT "L"
EXHIBIT "M"
556
-- H059LEHOMZ SALES: PQRCBBLE GETAZNER

Versisn; 4 / 2 0 / 8 7
Vice-Chairman: Tom W c C l i n t ~ c k
Recommendation: Support
V o t e : P4a j o r i t y
fLgwisj
.mar=
Would p r c v l d e t h z t a n % a w f u l occupant of a
mobilehome park s i t e uoafd BE s u b j e c t t o s2clmili~arye jecimsnt
proceedir:ys whore h e r e f u s e s t o s u r r e n d e r t > ~ e~ i t e5 d a y s
a f t e r demand from p a ~ kmanzcjenon"; :unless h e neet.s ",ha
fc2lovdng provizisns: 4 ) O c c u p a n t 4s t h e registered ncmer 0 5
t h e mobilehome; 21 Hanagernent 5 2 s zequised p r b c s apprr;val of
t h e o c c u p a n t a s 5 prospectfv? homeowner and h a s n o t r e j e c t e d rIthe o c c u p a n t :
and 3 ) Management f a i l e d to o f f e r t h e
.-a
homeowme,- a rental agreement f o l l a w i ~ g 5-ppxcva2 a s a
(D
0
cO
psosgective hoseowner, -Tiscal effect: No s t a t e
,--.
zeLnbursement fox ma3dited l s c a l . prograpnE b e c a ~ it.
~ . r~e v i s e s 2
--
a c t i o n s subject to a crdmina9 p e n a l t y .
03
by Eestern Mobilshome k s s n . ( C r a i g B i d d l e
W
seed
- by Golden S t a t e Ncbilehorne S - d ~ e r sk e a g u s , 2
[ & a _ ~ rIyp r f e p e
fGO"u-422-4431)=
'
W
-
Comments: W w o b i i ~ h o n ep a r k rnzzdgement bs.11 "c 11:; geneszlly

insure
"ixai?sere
o k i l e k ~ r npar:<
~
sites i n c l u d e
. - of mpark
a j x e e m E n $ w i t h mcbaiehome
manzgement and 21 o t h ~ r w i s e
p r e v e n t "midnight move-ins" h y o c c u p a n t & n e i t h e r ~ u b j e c t ts
park r u l e s nor n o m a f s x s i a ~ n a r ye v i c t i o n . Sponsor ~ " L s t e s
b ~ a b
t h i ~a e a s u r e is n e a d e d by p;rX g i a n 2 g e m e z t to f z i e i ~ t s
s u m r ~ a r ye v i c t i c n a g a i n s t a e s s f i n s who move i n e o a n 3 remain rn
-r z a z k vithcue z m a n a- s e a @ n t a D E . r ~ v z : or rent21 a s l - ~ s m e n f .
Sps~-!sog if n e g o t i a t l n g % I t h G;:lldel; S t z t e F5i_7Iii3 ?hoir;.c. Ov,.r,ers
i e a q e t.0 f l a g i f y the skmi=nar>>
e i r i c i ifi:n preccdi;ye a n d : - r i l J
..
~ ~ ~ ; i
a f f ~ sr i e n & r e n t s tc s t r i k e r e f erF:i),-=.+s
- - - - - - ?& fcreibl2
*.hich p e ; t r i n s
to occzznntc t h e t h c l B possesiio~coltrsry to
%he previous ~ ~ z ~ p a n t s ,
&.-
- &
Reg;L\iicafi Csr=Ly,ii;t:+ei2aec
Judiciary
4/22/87
WsscTbPy
4I
--
Ayes :
Koe z :
7;
e ? c
.
<
Abs, :
C o n s u l e , z n z : >ierk Wednond
+
z
W
zc
W
2
t-
V7
C3
5
$?
p
*a0
s
EXHIBIT "N"
;-,a
G.J
......
.
G
z
z--"
-
r-
u 0 G
P C -
M ?
m
.<
- 5
-- -..
PE 57
EXHIBIT D
FILED
SUPERIOR COURT
OF SAN BERNARDlNO
AFPi3XS DIVISION

COUNTY OF SAN BERNARDINO
APPELLATE DIVISION
30NNIE SHIPLEY,
Petitioner,
v.
'
SUPERIOR COURT OF THE STATE OF

ZALIFORNIA, COUNTY OF SAN
Case No: CIVDSI 302013

(Trial Court: UDDSI2041 30)
OPINION
-------
BERNARDINO,
Respondent,
STUBBLEFIELD PROPERTIES, A
CALIFORNIA GENERAL PARTNERSHIP
DBA MOUNTAIN SHADOWS
Real Party in Interest.
Peution for Writ of Mandate, directed to the San Bemardlno County

Superior Court, San Bernardino District, Donald R. Alvarez, Judge.
Pejition granted.
,
Nancy D. ~ c ~ a r r oEsq.,
n , for petitioner and defendant.
No appearance for respondent,

Hart, Kiog & Coldren, A Professional Law Corporation, Robert S.
Coldren, Esq.,Robert G. Williamson, Jr., Esq., for real party in interest.
EXHIBIT
EXHIBIT E
FEDEX OFFICE 0789
i,
SUM4
30
--
. i . : 4!':
*,
,,
02/17
PAGE
:*
FOR LWrnTIISEOrVLY
ISOLO P A M US0 &EL4 CORT&i
SUMMONS
(CfTAClQlV JUDIClAL)
(RETENCIQN NLILICAXJE
U# INMUEBLE-LIESALOJQ)
NOTICE TO DEFENDANT:
'
(AVrSQ AL DEWIVDADO):
DEANNE WEINZIERL and DQES 1 to 10, inclusive

YOU ARE BEING SUED BY PLAINTIFF:
(Lo ESTA DEMANDANDO EL DEMAYRANTE);

LEW COMPANY LLC dba SUNKIST GhRDEMS MOBILE HOME PARK
YOUhew 5 CALENDAR'OAYS ' S r W$ smrhons and legal papers are served on you t~ file a written respunsa at +hiswurt and have a copy
sewed on the plaintiff. (To ~aleulatethe five days: own1 Saturday and Sunday, but do nat count other court holidays. HIhe lasl day fatle an a
Saturday, Sunday, or a wurt holiday than you ha* the next court day to file a wrltten response.) A lab?#w phone call Hill wt protect you. Your
written response must be In proper legal form if ybu wdm ther court to hser y w r case. There may be a wurt tom thdt yw can use for your wsponse.
You can find hese m r t lwmc and mare Information at the Caiifarnia Courts Onllne Self-Help Center ( ~ l ~ ~ . m u r t l n k . ~ a . ~ v / s eyour
1 f Accrunty
e~~,
lawlibrary, gr the cburlhwse nearest yau. If yw k n n M pay fhe filing fee, ask the court dark for a fee waiver form. If you do not file your wsporrse on
time.you may h e the case by dafault. and your hues, money, end property may be taken wiLhwt furtbr warnlng fmm the c b ~ r t .
Them are other legal requirements. You mey want ta call an a'itumey right m y . If you do not know an sttdmey, you may want to call an attorney
referral senice. If p u cannot afford an attorney, you may be ellgible for free l e d services from a nonprofit legal services program. You m n ~ocate
these nmpmflt gmups at the California Legal $@VICES Web site ( w 4 . 1 ~ . ~ a w h e l ~ a I ~ ~
the
~n
C Ieal i.i~d}a, h u r t s Online Sdf-HelpCentrer
(m,mrNn~.Cggav/sB~p),
or by mintacting b u r Ioml court or county bar assaciatiarl. NOTE: The wurt has a statutory nen for w a W fws and
costs on any sefflement or arbikatlbn award of $?[1,000
or more in a clvll case. The oourt's lien must be pald before he court will dismlss the case.
Tiene 5 bhS DE CALENDAR10 tkspu6a de tjue le edraguen esta cjtwckj~y owel= W f e s para presentdr urta ms,w~s&pw e m w esta
t~rfe hacerque se h g u e we c@a el demandante. (Para celclrier ins clnm dlas,cvente [ass i b a h y k doml&ws pew no los otfos dlas
n o$ & /a &B.
SI el Oltlmo dZa me en abbe+ o dodngo, o en un dia en que la cwte rde c m d ~time
,
hasie dpravlma dfa de mtb para
i
,
presentar una reg;luestapw esEmb]. Una W e u una Ilanlebe telefdnlca no lo prolegen. SUmspu#sta piw ~ w i ijene
b qm & r m BrmefO k k d
m&si &ma qve p
n mr cam eh ie C O K ~ E
. s poslble que haya un farmulado que usfed pcreda ussr para su reqxmdu. m
de Q n c H h
cstw ~rm~~' de Q
nibf n h a & n en el GeMm bAyuda de tas Cotte.ds CaIirinnla @wwma~de,w-gav),
~n a
! MbRufe~ads I * p b
sv mndado o en la m&. qve le qmde mds ma.SI no pmde p e g s la cuafa de presentecidn, pida a1 secretarlo de IBcwte qua 18 de un f ~ r m l ~ r i o
de e x e n m de peg0 de cuafar Sl no present@Prespu~s!aa tlemp, p u d e perder d mso por incumplimienta y la ixute lepodrdquifaf su suem,
dinerr,y bienee sin m i r adwi%h&.
tequisiios legales. 8 remndabf$ qua Ilarne a un sbogado ifimadfetamenfe. Si no cono~ea ur, abogado}puede llernar a rn servlcb
Hay
do wmlsldn a abogadua, Si no pupagar a uniabogedo, es pmik que cvmpla cm iasrequIsiras para obtener mvidas legalesgmfrrifosde un
p c g m a de setvlclos legales Bin Iines be f m . Puade enconhastos n o s sln flnes de l u m WI el sifb wwh dk Ca1RIomia LegdServlces,
~ . l a w h e l p ~ I i f i x n I ' a . oen
~ el
, Cenh de Ayrlde 6 lei! Cartes de Galihxnia, (hw.sircorte.ca.gov) opanidndose en mnfacto con I@
0 el
calegfo& abogados l a o a k AVlSO: Por Iey, la $ode k n e derecho a mhrnar las ouates y IDS cashs t~entosporinrponerun gravamen sobre
walquier mapwchln de S10,WM d mSle du vetqmdbida medianto un eouerdo a una cmoesidn da arbittaje err un aaso de ~ B I B C&.
~ ~ I T h e que
pagar el gravamen be le cur& anies ds que la w&i p ~ e &dasachar el cam.
W E NUMBER:
1. The name end address of the court is: ;
.J
'
'
. li\r~md~4crrsn}:
(El nombre y diree~Idhcie la corfe QS): i

Superior Court of California, County of Orange
30-2016-00832458-CL-m-N
1275 N. Bsrkelev Ave. Fullerton. Ca 82832

2.. The name, addre&, and telephon~;~m~er
bf plairrtlfk attorney, or plaintiff without an attorney,is:
(El nombre, la dimccih y el nc?memde fel&fctmdal abogedo del demandante, o del demandante que no tkne ebogadci,.es):
John W. Pentecost Esq,, Bar No. 88527, ~toh4ht.L~
Dlckm, Egq., Bar Hart King
No, 135588. Ryan J. Egan, EsQ.,Bar No. 2a1838. Jonathan C. Bond, 4 Huttan Centre Mve,Suite Bo0. S ~ r l t aAm. dA 92707
Eaa.. Ber No. 280266, Sean G O'Hair, Eaq.. ear NO. 293568
714432-8700
3. (Must be answered in dl cases) An unfa$ul detainer assletant (Bus. 4% Pmf. Code, $5 6400-6415)
did not
did
for compensation give advlce or assistance with this bm. (If plaintif has rew'ved erry help or advlck for pay fro%&unlawful
delainer assistanf, mmpkie Item 6 on th'e ffextpage.)
Date;
Clerk, by
(F~&I 0 1 / 2 8 / 2 0 1 6 Man ~ s m l s o n ,q s r k of tha mbrt (Secrebnb)
(Ad]unbJ
L
Mora
(Fbr Hoof of m ' c e dthis summane, use P h f of Service of Summons ( f m POS-010).)
de esia cifaiidn usq el hrmulario Proof of Serviw of Summons, {POS-010~.
THE PERSON SERVED: You arc! served
i as an ihdlvidual defsndant. u ~ # ~ i _ ~
i as the person sued under e fictitiwsname
c.
as an occlrpant
d. (II ion Behalf of (specie):
under;
C] CCP 416.60 (minor)
CcP 416.20 (defunct corporation) .
CCP 416.70(conservatee)
CCP 496.40(association or partnership)
CCP 416.90(suthorl-~edperson)
u
CCP 415.48 [occupant)
other (sped&):
by personal delivery on (date):
5
.
b
0
2 -f -2~16
bTfIrS(l~bdfW
M W l w U88
Jutiia Ccundl ol wmmia

6UK130I-. July 1. MOB]
~ ~ ~ M ~ . ~ ~ S - U N L ADETAINER-EVICTION
WFW
Page i d 2
CtldeafCMI Rw~UII~%,
412.91. 415,466, 1 1 s ~
ww.wuWo.capv
EXHIBIT F
John H. Pentecost. Esa.. Bar No. 99527

$entecost~hart~n~~a'w.com
obert M. Dickson, Esq., Bar No. 135568
rdickson@,hartkinPlaw.com
Ryan J. Egan, Esq., Bar No. 281836
1 re~an@,hartkinalaw.com
Jonathan C. Bond. Esa.. Bar No. 280266
jbond@hartkingl&.c6m
Sean G. O9Hair,Esq., Bar No. 293558
sohair~hartkingiaw.com
HART I KING
A PRO$ESSIONAL CORPORATION
4 Hutton Centre Drive, Suite 900
Telephone: (714) 432-8700
Facsimile: (714) 546-7457
1I~ttorneysfor Plaintiff
II
II

COUNTY OF ORANGE- NORTH JUSTICE CENTER
LEW COMPANY, LLC dba SUNKIST

GARDENS MOBILE HOME PARK,
Plaintiff,
) Case No.: 30-2016-00832458-CL-UD-NJC
) PLAINTIFF'S REQUEST FOR

) JUDICIAL NOTICE IN SUPPORT OF
OPPOSITION TO MOTION TO QUASH

SERVICE OF SUMMONS
v.
DEANNE WETNZIERL and DOES 1 to
Hearing: February 25, 2016

Time:
1:30pm
N10
Dept:
10, inclusive,
Defendant (s).
)
Complaint Filed: January 28,2016
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE

NOTICE that Plaintiff LEW COMPANY, LLC dba SUNKIST GARDENS MOBILE
HOME PARK ("Plaintifl") hereby requests judicial notice pursuant to Evidence Code
$5
452,453 of the following:

1.
February 19, 20 16 title search from California Department of Housing and
Community Development attached hereto marked as Exhibit "A."

2.
Assem. Third Reading, (1987 - 1988 Reg. Sess.) AB 556, as amended: May
11, 1987, Comments, p. 2 attached hereto marked as Exhibit "B."
36631.01 814821-4609-0798v.l
PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE RE: OPPOSITION TO MTQ
EXHIBIT G
Moira G. Boyle (CSB No. 306293)

The Law Offices of Moira G. Boyle
P.O. Box 27355
Anaheim, California 92809-01 11
Tel: (714) 998-8259
Fax: (7 14) 276-0425
Attorney for Defendant,
De Anne Weinzierl
II
IN AND FOR THE COUNTY OF ORANGE - NORTH JUSTICE CENTER
LEW COMPANY LLC dba SUNKIST

GARDENS MOBILE HOME PARK
CASE NO: 30-20 16-00832458-CL-UD-NJC

ANSWER-UNLAWFUL DETAINER TO
VERIFIED COMPLAINT DEFENDANT DE
ANNE WEINZIERL'S AFFIRMATIVE
DEFENSES AND STATEMENT OF FACTS IN
DEFENSE
Plaintiff,
DEANNA WEINZIERL, and DOES 1 through 10

inclusive
[UNLAWFUL DETAINER]
DEMAND FOR JURY TRIAL
Defendants
21
22
23
24
25
11
I11I
GENERAL ALLEGATIONS
Pursuant to California Code of Civil Procedure $431.30, this answering Defendant denies
generally and specifically each, every, and all the allegations contained in the Complaint for Unlawful
Detainer, and each alleged cause of action contained therein, including denial of all sums and amounts
II
alleged, to be alleged or otherwise.
Defendant fiuther denies that Plaintiff has sustained, or will sustain, any loss or damage by reaso
1)
27 of any act, omission, misrepresentation, or any other conduct or absence thereof on the part of
IIDefendant, and deny that Defendant not guilty of violation of Code of Civil Procedure 1159, nor hasI
26
is
ANSWER TO VERIFIED COMPLAINT
EXHIBIT H
*.
-LG
Case 5:15-cv-00796 Document 4 Filed 04/23/15 Page 185 of 274 Page ID #:542
AB-2026 Mobiiehorne Park Denial of Tenancy

Apm.2OUf Wl WwsanU Ewnis
Case 5:15-cv-00796 Document 4 Filed 04123115 Page 186 of 274 Page ID #:543
SampIe Letter Oppose A 0 2026 (Stone) Mobilehome part Denial of Tenancy
TO: Assemblymember Ed Chau (O-Arcadia)
RE: OPPOSE A6 2026 (Stone) - MOBILEHOME PARK DENlAL OF TENANCY
Dear Assemblymember Chau:
(dly). Istrongly oppose A0 2026

i am the ownerlmanager of
mobilehome park in
by Assemblymembe~Mark Stone because it severely restricts my ability to ensure that every
resident is equally qualified to live in our mobilehome pahcoihmunity.
1
Because of the high cost of eviction, landlords have a keen inbresf in determining that a
prospective tenant has the financial ability to pay the rent and other charges of the park,
including their mortgage. Leaving this ability only to the bank$ is unfair to a property owner
I
trying to control their property and business,
A5 2026 ties the park management's ability to prevent a potdntlally bad experience for the
management and community residents. Residents in manufaptured housing communities live In
dose quarters and their neighbors can either make or break /heir experience. It is very dlffnxllt
to evict a resident for reasons other than a failure to pay rentjafter they move in.
We have a responsibility for the health, safety and quiet enjobment of our whole community and
if we are limited in our ability to control those factors, the qudity of mobile home park living will
most certainly be negatively impacted.
I
Please vote no on A5 2026.
Sincerely,
atg211!5
Case 5:15-cv-00796 Document 4 F&d 0 8 m 5 Paue 187 of 274 P a ~ ID

e #:544
,
2014)
A%-2016 Mobilehome parks: sales. (2013-
Resuk j
05/29j&Q (F&IL)
i &w+ h e * WR
lptation
; Assernbly Flour
26
. . .
A . . . . . .
34
.
.Motten
19
-,-,
,,-----..
---
......
A 0 2026 STONEAssernbly Third Heading

............
A w : A]&, Ammiano. Woorn, Bonta, Campos, Chacl, ~ h a i b r o ~ickinsak

;
Fong, ~ o ~ d o bnes-sawyer,
n,
Luwanthal.
i Mansoor, mullin, Nestande, Jolln A. P+rcz, V. Manuel P6rez, guiik. Rerdon. Sklnner, Stone, Weher, Wlcckowskl, Wllllarns
Yarnada, Atkins
...........
......,......
i .
"
.................................
. . . . . . . . . . . . . . . . ..-,. .
.................. ...........
>
j Now: Allen, @iQelow,Bonilla, Buchanan, ~hd$&, Dzbabneh, Dahle, Daly, Donnelly, k m ~ r a z i e r ,Beth Gaines, Cam,
: Gray, Grove, Hagnlan, Harkey, Holden, tevine, L~r~der,

Logue, Maienschein, Medina, Meiende, MtrraQuchi, Otsen,
: Patt@SOn,Psrea, Quirk.Sitva, Rodriguez, Salas, Wagner,
Waidron, Wiik
. . . . . . . . .
. . . . . . . . . . . . . . . . . . .
,..- . . . . . . . . . .
No Votes ~ecordid:~ ~ h a d f l a nDocanegra,
,
Bradford, Brown, Jan Calderon, Conway, Co~ley,Eggman, Garcla,
: Ganzelez, Corell, Hall, R z y r r.i..-.indeq Jones,Flazatian. Pan, RidIey,Tfton~as,Tmg
..........................
---
Do pass as arnent;ed an0 b? re-referred to the Commcttee on

Apprcprfahcns.
A y e s Brown, Chau, Gordorr, Yamada
Naer: Beth Gatnes, Malensrhe~n

Re Votes Rmcorded, Quirk-Srlva
tea,
A13-2026 MIobilehome parks: sdw.
(2013-2014)
AMENDED XN ASSEMBLY MAY 23, 2014

AMENDED IN ASSEMRLY MAY 05,2014
\
t
AMENDED I N ASSEMBLY APRIL 21,2024
Introduced by Assembly Member stone

February 20, 2014
An ad to amend Section 798.74 of the Civit Code,
relating to mobilehome parks.
I,EEISLATIVE COUNSEL'S DIGEST

'
AB 2026, as amended, Stone. Mobilehme parks: sales.
1
/1
I
Existing law auttlorizes the managernent of a mobilehome park to require prior approval of a purchaser of a
mobilehome that will remain in the park. Existing law also prohibits management from withholding approval if
the purchaser has the ability to pay the rent and charges of the park, except as specifled. Existirrg iaw
aumorlzes management to require the purchaser to document the amount and source of his or her gross
ii^i?nthly income or Other means of support but prohibits management from requiring personat i m m e tax
returns as evidence. Existing law ir?~~,;~::!':: management, upon request af any prospective homeowner who
proposes to purchase a mobilehome that will remain in the park, to inform that person of the information that
management will require to determine if the person will be acceptable as a homeowner in the park. Existing law
permits the management or owner t o be held liable for all dzmager if tfw approval of a ~ s p e c t i v e
homewner
in withheld for any unauthorized reason.
.I
This bill wauid require the purchaser to be presumed to have the financial ability to pay the rent and charges of
the park if he or she has been approved for a loan to purchase the mobilehome that the purchaser intends to
occupy, or if the purchaser has not been approved for a loan, based upon conslderation of all information
provided by the purchaser regarding his or her assets and ability to generate income demonstrating sufficient
monthry Income that meets or exceeds the income standard disclosed by management. The bill would prohibit
that income standard From exceeding a muitlplier of 3 tirneS the purchaser's income over the projected
1
j
,,r.,,,,r,,,..llh.-r~~lrllrr~~&~~~-B
wee4mg-kb-M
-r he bill would
1
1
4 m l B
Case 5:15-cv-00796 D o ~ u r n e t - & , ~ ~ ~ i ~ ~ & ~ & $ g g .of

& 274
3 9 Page ID #:546
a150 prohilr~tmanagement from withholding approval sale!y because the purchaser owns another mobilehome
or real pmperty residence and from requiring that the mobilehome being purchased be the sole residence of
the purchaser. The biit would require management, upon request, to provide a prospective purchaser with e list
of information that management: wilt require in order to determine if the person wilf be acceptable as a
homeowner in the park and a copy of the current written procedures, Standards, or requimments that will be
used by management to evaluate the purchaser's application. TW ,bill would require the management, if a
prospective homeowner is denied approval and if requested, to meet with the purchaser or hornkowner a t
which time the management would be required to reconsider the denial, including any additional information
relevant to the application provided by the prospective homeowner.
Vote: majority Appropriation: no Fiscal Committee: no Local Program: no
THE PEOPLE OF THE STATE OF fl4LJFORNI.A 00 ENACT AS FOI,LOWS:
SECTION 1. Section 798.74 of the Civil Code is amended t o read:

798.74, [a) The management may require the right of prior ap.~ovatof a purchaser of a mobilehome that will
m a i n in the park and that the selling homeowner or his or her agent give notice of the sale to the
management before the close of the sale, Approval shall not be withheld if the purchaser has the finarlcial
ability to pay the rent and charges of tk park unless the management reasonably determines that, based on
the purchaser's prior tenancies, be or she wllI not comply with the rules and regulations of the park. i n
determining whether the purchaser has the financial ability to pay the rent and charges of the park, the
management shall not require the purchaser t o submit copies of any personal income tax returns in order to
obtain approval for residency in the park. However, managernent may require the purchaser to document the
amount and source of his or her gross monthly income or means of financial support, but i n no event shall the
income standard exceed a multiplier of three times the purchaser's income over the projected housing-related
expenses to be paid by the purchaser in connection with the proposed mobile home tenancy.
II
(b) For purpcses of determining the prior approval of a purchaser pursuant to thls section, all of the fuklowfng
shall apply:
(1) A purchaser shall be presumed to have the financiaf ability to pay the rent and charges o f the park if the
purchaser has been approved by a state or federally chartered financial institution for a loan to purchase the
mabilehome that the purchaser intends tc occupy and wntten documentation confirming this fact has been
provided to management,
II
i
(2) Ifthe purchaser has not been approved for a loan to purchase the mobilehome pursuant to paragmph (I),
the management shall determine the purchaser's financial ability t o pay the rent and charges of the park based
upon consideration of all information provided by the purchaser regarding his or her assets and ability to
generate income, including, but not: limited to, savings accounts, certificates of deposit, stock portfolios, trust
interests of which the purchaser ir the beneficiary, real property, and similar financial assets that can be
tiquidated or sold. A purchaser who demonstrates sufficient monthly income from all sources that meets or
exceeds the income standard established pursuant to subdivision (a) shall be presumed to have the financial
ability to pay the rent and charges of the park.
(c) Management shall not withhold approval solely because the purchaser owns another mubilehome or real
property rer~denceManagement shall not require that the rnob~lehamethat is the subject of the purchase be
the sale residence of the purchaser as a condition of granfing approval.
I
i
Case 5:15-cv-00796 ~ o c ~ ~ r n e n ? ~ b ~ e ] of
F 274
r i ~Page
~ ~ID~#:547
~ ~ k % ~
fdf Upon request of any prospective homeowner who proposes to purchase a mobilehome that will remain in
the park, management shall provide that person wtth a list of the information management will require in order
to Cetennine if the person will be acceptable as a homeowner in the park, and a copy of the current written
procedures, standards, or requirements that will be used by management to evaluate the purchaser's
application, including, but not limited to, minimum income standards that will be used to determine the
purchaser's financial ability tto pay the rent and charges of the park pursuant to paragraph ( 2 ) of subdivision
(e) Within 15 business days o f receiving all of the inbnnation request&. from the prospective homeowner, the
management shall notify the seller and the prospective homeowner, in writing, of either acceptance; or
rejection of theapplication. I F the application is rejected, the management shall provide the
. .
prospective homeowner; in writing, the specific reason or-iwmR5-ireasons for rejection with
reference to the applicabk srand;??b 2:- requirement d!scfvsed pursuant to subdivision (d) upon whkh the
rejection was based. During this 15-day period the prospective homeowner shall comply with the
management's request, if any, for a personal interview. If a prospective homeowner is denied approval, within
five business days of receiving the denial, the selling homeowner and the prospective homeowner may request
a meeting with management. ifrequested, the meeting shalf take place within 10 business days,
at which time the management s ha tl reconsider its deniaf, inciuding the consideration of any additionat
information relevant to the appllcatlon provided by the prospective homeowner. Xf the approval of a
prospective homeowner Is wlrhheid for any reason other than those stated in this artlcle, the management or
owner may be held liable for all damages proxirnateiy resulting therefrom.
(P) If the management collects a Fee or charge from a prospective purchaser of a mobilehome in order t o obtain
a financial report or credit rating, the fuli amount of the fee or cha~geshag be credited toward payment of the
flrst month's rent far that mobilehome purchaser. If, for whatever reason, the prospective purchaser is rejected
by the marragement, the management shall refund t o the prospective purchaser the full amount of that fee or
charge within 30 days from the date of rejection. I f the prospective purchaser is approved by the manayemcnt,
but, for whatever reason, the prospective purchaser elects not to purchase the mobilehome, the managemerit
may retain the fec;, or a portion thet-eof, to defray its adrniniskativt: costs under this section.
- ..
Case 5:15-cv-00796 Document 4 Filed 04/23/15 Page 191 of 274 Page ID #:548
U1WO15
--
TOd9y4sLaw As Amend@
AB-2026 Mobilehome p a r k sales. (TOI~..?.QI*)
SECTION 1, Section 798.74 of the Civil Code is amended to read:

796.74. (a) The management may require the right of prior approval of a purchaser of: a mobilehome that will
remain in the park and that the selling homeowner or his or her agent give notice af the safe to the
management before the close of the sale. Approval GHW&- shall not be withheld i f the purchaser has the
financial ability to pay the rent arid cri:;ses of the park unless the management reasonably determines that,
based on the purchaser's prior tenancies, he or she will not comply with the rules and regulations of the park.
In determining whether the purchaser has the financial ability to pay the M n t and charges of the park, ~e
management shall not require the purchaser t o Submit copies of any personal income tax returns in order to
obtain approva! for residency in the park, However, management may require the purchaser to document the
amount and source of his or her gross monthly Income or means of financiai wppe+=ksupporr, but in no evenr
shN
jncome standard exceed a multiplier o f three times the punhaser's income over the pmjected
housing-related expenses to be paid b y the purchaser in connecttion with the proposed mobife home tenancy.
'I
(b) For purposes of determining the prior approvaf of a purchaser pursuant to this section, aft o f the followjng
shalfappiy:
fl) A purchaser shall be presumed to have the financia! ability to pay the rent and charges of the park i f the
purchaser has been approved by a state or federally chartered h n c i a f institution for a ban to purchase the
mobilehome that the purchaser intends to occupy and written documentat/on confirming this fad has been
provided to management.
( 2 )Xf the punhascr has not been approved for a loan to purchase the mobilehome pursuant to paragraph ( I ) ,
the management shafi deternine the gr:r::h;.ser's financialability to pay the rent and charger; of the park based
upon cornideration of ail information provided b y the purchaser regarding his or her assets and ability to
generate income, inciudlng, but not limlted to, savings accounts, certificates of deposit, stock portfoflos, trust
interests of which the purchaser is the beneficiaty, real property, and simiiar financial assets that can be
liquidated or sold. A purchaser who demonstrates sul'ficient monthfy income from all sources that meets or
exceeds the income standard established pursuant to subdivision la) shaji be presumed to have the financial
abifityto pay the rent and charges of h e park.
ii
:
/1
11
(c) Management rhab not withhold approval sole,y bemuse the purchaser owns another mobiiehiorne or real
propew residence, hanagement shall not require that the mobflehome that is the subject of the purchase be
the sole residence ofthe purchaser as a condition of granting approval.
(d) Upon request of any prospective homeowner who proposes to purchase a mobilehome that will remain in
the park, managenlent shall We+m provide that person with a list of the lnformation management wifl require
in order to determine if the person wilt be acceptabte as a homeowner in the pwk; park, and a copy of the
current written procedures, standards, or requirements that will be used by management to evafuate the
purchaser's application, inciuding, but not fjmited to, minimum income standads that wifl be used to determine
the purchaser's finiirancfal ability to pay the rent and charges of the park pursuant to paragraph (2) o f
suddivjsion f b).
( e ) Within 15 business days of receiving all of the informaM17 requested From the prospective homeoaner, We
management shall notify the seller and the prospective homeowner, in writing, of either acceptance or
rejection of the
'
.....=
ejw.%wk appficatlon. I f the application is rejected, the
management shaI=ctivezwner,
in wtiting, the specific reason or fleasons for rejection
wi'th reference to the appficabk standard or requirement dirdosed pursuant to subdivision /d) won whch the
rejection was based. During this 15-day period the prospective homeowner shall comply with the
management's request, if any, for a personal interview. I F &E- a prospective homeowner is denied approvai,
within five business days of receiving Fhe denial, the selling homeownerand the prospective homeowner may
Case 5:15-cv-00796 Document 4 ~ i l k ~ ~ ? ? ' T % g192

e of 274 Page ID #:549
request a meeting with management. i'r !-@quested,the meeting shs!! take place within 10 b u s i ~ s sdays, at
which time the management S ~ I reconsider
I
its denial, i i c ~ t l d i nthe
~ Comlderati~n o f any additi&l
information relevant to the application provided by the prospective homeowner. d f the approval of a
prospective homeowner is withheld for any reason other than those stated in this article, the management or
owner may be hetd liable for all damages proximately resulting therefrom.
@+ (fl I f the management cctlfects a fee or charge From a prospective purchaser of a mobilehome in order to
obtaln a financial report or credit rating, the full amount of the fee OF charge shall be credited toward payment
of the f i ~ month's
t
rent for that mabilehome purchaser, If, for whatever reason, the prospective purchaser is
rejected by the management, the management shall refund to the prospective purchaser the full amount of
that fee or charge within 30 days from the date of rejection. If the prospective purchaser is approved by the
management, but, for whatever reason, the prospective purchaser elects not to purchase the mobilehome, the
rnanagernent may retairl the Fee, or a portion thereof, to defray its administrative costs under this section.
EXHIBIT I
80bert G.:Williamson
-~Jr. Hart King Hart King - Attorneys at Law
C*
http://www.hartkinglaw.com/teammember/mbert-g-williamson-j
hartkinglaw.com
---------
http:l/www.hartkinglaw.comftearnmemberlrobert-g-williamson-jrl
~
kobert G. Williamson JI.
"
"
~ * ,- m~ - w
- - -- - ~- - *- - w= m
~
Contact Me
Main: (714) 432-8700
Direct: (657) 622-4709
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Robert Williamson has been a member of Hart King's litigation and land use practice since 1998. He has
substantial experience representing property owners in land use matters, takings claims and regulatory
compliance. Robert represents property owners in state and federal courts defending premises liability,
discriminatory housing practices and regulatory violation claims. In rent control jurisdictions, he senres as
either a liaison or advocate for property owners before county and city agencies. Robert has assisted with
drafting proposed state and local legislation affecting housing issues.
Obtained favorable jury verdict for property owner against racial discrimination claim involving large
senior community
Obtained favorable judgment for property owner invalidating city adopted voter rent control initiative
Successful closure of landmark Treasure Island Trailer Park in taguna Beach, California for
redevelopment as resort and residential use
Successful defense of major California developer against investor litigation, charging fraud and other
malfeasance in development of luxury housing subdivision
I of2
I ~ / oI/ q n I < I I .n7
Dnn
--
---..
...-.
1~~
-8
- ALLorneys ar Law
http://www.h~gla~~comlteammember/rob
Favorable bankruptcy litigation work out for clients' major claim against debtor attempted novel "pre
bankruptcy planning" conversion of non-exempt assets
Successful representation of property owners and developers with subdivision conversion strategic .
planning and implementation in the Counties of hos Angeles, San Diego, San Bernardino, El Dorado,
Napa and Santa Clara
Negotiated favorable resolution of community owners' claims against the City of Santa Cruz resulting
in negotiated amendments to the City's rent control ordinance, exempting these communities frorn
rent control
Northrop University School of Law, El Segundo, CA, J.D. 1976
University of San Diego School of haw, L.L.M.
University of Southern California, Los Angeles, CA, B.S., 1968
State Bar of California
e
All U.S. District Courts in California
U.S. Court of Appeals, Ninth circuit'
U.S. Tax Court
California State Bar Association
Orange County Bar Association
Click here to view blog posts by Robert Williamson.
EXHIBIT J
Maintaining An Age 55 & Over Senior

Exemption In A Challenging Housing Market
BY ROBERT G. WILLIAMSON, JR.
Housing Background
Housing Act (FHA) which proer things, discrimination in the
anufactured housing on the basis
ligion, sex, or national origin is
ally well known is that in 1988,
the Fair Houslng Amendments
Act ( FHAA) , which amended FHA to prohbit
discrimination on the basis of familial status. It also
created an exemption to this prohibition in favor of
"housing for older persons. n2 This permitted communities imposing residency age restrictions to remain age restricted as "housing for older persons"
plementing the
FHAA requirements in attempts to satisfy the senior exemption. The FHAA requirement that exempted housing for persons age 55 or older had to
provide "significant facilities and services specifically
designed to meet the physical or social needs of
older persons" was the main offender. Congress responded.
In I995 Congress enacted the Housing for Older
Persons Act (HOPA) that amended FHAA.
HOPA's purpose and goal was to clarify the law
"making it more workablen and easier to determine
whether a community qualified for the exemption
by, among other things, eliminating the "services
and facilities" requirement. As the Secretary for
the Department of Housing and Urban DevelopMARCH 2 0 1 3
m26.
THE
JOURNAL
ment (HUD)in HUD's final rule implementing its

HOPA regulations put it, "In short, HOPA was
passed in order to protect senior housing. "5
HOPA requires that a manufactured housing or
mobile home community claiming the 55 and older
senior exemption show three factors: ( 1) That the
housing be intended and operated for prsons 5 5
years of age or older; (2) that at least 80 percent of
the occupied units be occupied by at least one person who is 55 years of age or older; and (3) community or park publish and adhere to policies and
procedures that demonstrate its intent to qualify for
the exemption. The community or park must also
comply with age verification rules of occupcmcy issued by HUD. 6

While occupanqlage verification compliance is
an important factor, this article focuses on mamtaining 80% occupancy by persons age 55 or over.
The obvious solunon to maintaining80%senior occupancy is, of course, drafting your community's
residency documents to expressly limit residency to
persons age 55 or older.
In a difficult housing market, however, where
economic pr&ssureshave increased both vacancy
rates and prospective purchasers and renters under
age 55, there is the temptation to allow, or con- 1
tinue to allow, persons under the age 55 to rent and
own in your senior community. Many community
owners thus desire to take advantage of HOPA's

"20% flexibility' discretionary element in order to
ftll their community. In considering this approach,
however, there are practical issues and potential
pitfalls implementingthis apparent emerging market
driven strategy which must be carefully considered
and closely reviewed based on the dynami-csof the
particular community.
Applying the 20% Flexibility b e n t
HOPA' s exemption from the prohibition against
discrimination based on familial status requires that
"at least 80 percent of the occupied units are occu.
pied by at least one person who is 55 years of age or
older. "7 The issue is:
What about the remaining 20% of the occupied
units, often referred to as
the 80120 split?
Under FHAA. HUD
recognized the original
examples cited by Congress for justification of
the 20% element or
"split" were circumstances where a person
under the age of 55 inherits a unit or where a surviving spouse of a qualified resident was under age 55. However, under
its final rule implementing HOPA, HUD made
dear that it, "does not consider these to be the only
appropriate uses of the flexibility provided by the up
to 20% allowed by the exemption..
Rather,
HUD issued its policy statemenrs that, "the appropriate use of the 20% is at the discretion of the community.. and [ HUD] does not intend to impose
more specific requirements in this
area" provided that the "80%" requirement is satisfied and the diicretionaw 20% "requirements are
not inconsistent with the overall int
ing for older persons. "9
..
However, despite this apparent grant of broad

discretion it is critical community
and park owners recognize that the
801 20 ratio is a minimum inflexible requirement. Indeed, falling
below this ratio could result in disqualification under
HOPA and loss of a community's senior exemption. Thus, in today's housing market a potential
pitfall arises in applying the " 20% flexibility" element "aggressively" to mitigate current economic
pressures, to wit: inadvertently jeopardizing the exemption when existing residents' life changes or
other hardships develop.
For example, if a community is at the "80120"
ratio from allowing homeownen under age 55 years,
and even families, to buv or rent in the community, and the qualified resident passes away, leaving an under age 55 widoiv or widower, then the
communim owner faces a difficult choice each with
its own potentially cosdy consequences. Lose perhaps a long time resident under stressful circumstances or lose the exemption under HOPA. There
should be enough "flexibility" in the 20%element to
absorb these types of circumstances.
There are other circumstances, to be sure, that
militate against over aggressive use of the "20%
flexibility" element to achieve purely economic
goaIs, such as alleged discrimination on other
grounds when prospective occupants under age 55

who are of a protected class are denied residency.
The point is that while there is seemingly unfettered
discretion under the 20% flexibility rule, exercising it without careful and adequate consideration
of all community demographic factors can bring
costly unintended consequences. Accordingly,
you should consult with your community's attorney to ensure adequate compliance with HOPA
elements and in the planning and implementation
of the "20%flexibility" element of HOPA.
Robert G. Wi&zm(m, jr. is a parmer with Hart, King

6' CoL1ren. He represents manufactured home community owners and m a r q m with their various legal
issues including FHA and HOPA compliance issues.
He may be reached at &mson@hkclaw.com
or at
eighteen living with a parent or legal custodian. 4

U.S. C. 8 3602(k) ;42 U. S. C. f 3607(b) ( I ) .
3 Pub. L. No. 104-76, 109Scat. 787 (1995) (codi
tied at 42 U. S. C. 1 3607)
4 64 Fed. Reg. 16324 16326 (Apr. 2, 1999)
5 Ibii. See, e. g. , Pumam Family P'ship v. City of
Yucnipa, 673 F. 3d 920, 923 (9th Ci. Cal. 2012)
[city zoning ordinance prohibiting any mobile home
park currently operating as senior housing from converting to all- pge housing. j and Balvage v. Rydemood
Improvement & Serv. Ass'n, Inc. , 642 F.3d 765,
768- 769 (9th Ci. Wash 2011) [exemption allowed
even if age verification compliince first achieved at the
time of alleged violation. 1
6 Ihid; 42 U. S. C. 13607(b) (2) (C) (iii) ; 24 C. F. R
f 100.307.
7 42 U. S. C 13607(b) (2) (C) (i).
8 64 Fed. Reg. 16327 (Apr. 2, 1999).
9 Ibid.
7 1 A A l l Q7M
I I'T.-r>L.UIW.
1 42 U. S. C. 1 3604(a)
( 1968) .
2 42 U. S.C. f 3604;
"Familial statusnis dehed
punger than
"The Perfect Addition For Your Home Sales"

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No. 17 on Get It Quick Page
MARCH 2013 m
28
THE JOURNAL
No. 18 on Get It Quick Page
EXHIBIT K
NANCY
BARBARA DUFFY
.-
28TH
JULY
..
, d.a, d 9 93
SkerurnCaosC~~aadoe/;dUlud./6aid~
r r c , ~ i . . ' % 4 ~ i n r6L&d%IM#e*,Ukk
~
~ T B
dhyd
AUGUST
, d . g . d 9 .L
9m&&+nany&+,
http://members.calbar.ca.gov/fal/Member/DetaiV164780
State Bar of CA :: Nancy D u e McCarron
Tuesday, March 1,2016
ATTORNEY SEARCH
Nancy DufFy McCarron - #I
64780
C1.1rrent Status: Active
This member is active and may practice law in California.
See below for more details.
Profile Information
The following information is from the official records of The State Bar of California.
Bar
Number:
164780
Address:
950 Roble Ln
Santa Barbara, CA
Phone Number:
Fax Number:
(805) 965-3492
93103
Map it
e-mail:
nancyduffysb@yahoo.com
Undergraduate
School:
Santa Barbara City Coll; Santa Barbara

CA
Law School:
Santa Barbara COL; Santa Barbara CA
County:
Santa Barbara
District:
District 2
Sections:
None
(805) 965-3492
Status History
Effective Date
Status Change
Present
Active
611511993
Admitted to The State Bar of California
Explanation of member status
Actions Affectirlg Eligibility to Practice Law

Disciplinary and Related Actions
Overview of the attorney discipline system.
This member has no public record of discipline.
Administrative Actions
This member has no public record of administrative actions.
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CapyriQhtQ201.5. The State Bar of California
Notices
CcDVrlghl
- ..
A;esslb~ll!y
1 FA3
.. ......
SECRETARY OF STATE
I, ALEX PADILLA, Secretary of State, in the name and by the authority of the
People of the State of California, do appoint and commission
NANCY DUFFY MCCARRON
Notarv Public
of the State of California
Commission Number: 2140124
Term commencing February 12,2016 and ending February 11,2020 with

the principal place of business in the county of SANTA BARBARA.
IN WITNESS WHEREOF, I execute this

certificate and affix the GREAT SEAL
of the State of California this 12th day
Secretary of State
NP-24 A (REV 1-07)
OSP 12 128262
CERTIFIES THAT
NANCY B. DUFFY
IS A MEMBER IN GOOD STANDING OF THE ASSOCIATION, DEDICATED
TO THE PRESERVATION OF THE ADVERSARY SYSTEM, TO TRIAL BY JURY,
TO TRAIN IN ALL FIELDS AND PHASES OF ADVOCACY, TO ADVANCE
THE SCIENCE OF JURISPRUDENCE, AND TO PROMOTE THE
ADMINISTRATION OF JUSTICE FOR THE PUBLIC GOOD.
RICHARD D. HAILEY
PRESIDENT
/
/-

Kamala Harris Request To Investigate HART KING 3-1-16.compressed

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Nancy Duffy McCarron, CBN 164780

Victim Rights Advocate, CA Real Estate Broker,

Re: HART|KING Law Firm

Dear Ms. Harris:

UDFS1406978 Stubblefield v. McCarron - unanimous jury verdict for McCarron on 2/17/16.

Orange County Supr. Court 30-2016-00832458-CL-m-N Lew v. Deanne Wienzierl

Deanne Wienzierls Answer to Hart|Kings knowingly fraudulent eviction complaint.

Nancy Duffy McCarron

FOR COURT USE ONLY

(RETENCION IL~CITADE UN INMUEBLE-DESALOJO)

(LO ESTA DEMANDANDO EL DEMANDANTE):

STLIBBLEFIELD PROPERTIES,.a California general partnership dba

Fonn adopled for Marmalory Use

CCP 416.10 (corporation)

CCP 416.60 (minor)

ode of tivil Procedue. ~g 412.20.415.456. 1167

Robert S, Cotdren, Esq., Bar No. 81710

1 John H. Pentecost, Eaq., Bar No. 99527

Irene L, Kiet, Esq., Bar No. 225007

Attorneys for Plaintiff

SUPERIOR COURT OF THE STATE OF CALIFORNIA

California eneral partnership dba

COMPLAINT FOR FORCIBLE DETAMER

Plaintiff Stubblefield Properties, a California general partnership ("Plaintiff")

Plaintiff is doing business a Mountain Shadows Mobilehome Community and

above-mentioned judicial district.

whether individual, corporate, associate or otherwise, are unknown to Plaintiff, who

same have been ascertained.

Whenever appearing in this Complaint, each and every reference to Defendants

Plaintiff is &e owner of the Premises and is entitled to immediate possession

Day Notice to Surrender Possession (hereinafter "Notice") demanding that Defendants

incorporated herein hy this reference.

Prior to service of the Notice, Defendants had, without Plaintiff's consent or

Defendants have continued to hold and keep possession of the Premises by

For possession of the Premises;

For reasonable attorneys' fees;

For costs of suit incurred herein; and

HART, KING & COLDREN

HART, KING & C Q L O R E N

Our Fite Number: 36%8.00t1485&8076-9801v.l

FIVE (5) DAY NOTICE TO SURRENDER POSSESSION

Tina Dalen aka Tina Allen and all unknown occupants

PREMISES: 4040 E. Piedmont Drive, Space 124

"In an action al'ising out of the provisions of this chapter, the

or where the litigation is dismissed in his favor prior

to or during the trial unless the parties otherwise agree in the

Tina Dalen &a Tina Allen

Dated: March 24,201 1

HART KING & COLDREN

.Agent fohdountain Shadows

E.Piedmont Drive. Spate 124

CHECK ONLY ONg;

$HECK ON&Y ONE:

There ara no legal or regislered owners.of.lhe-mobilehome.olherfban.lhc tenant(s).

I hrteby declare Ihe foregoing la be !rue and corrrr

SUPERIOR COURT OF CALlFORNiA

M-OUNTAIN$HADOWS MOBILEHOME COMMUNITY

dinen, y bienes pin m8s advetlamia,

(Et nombm y direccibn de 18 corte es):

Superior Cburt of California, County of San Bernardino

303 W. Third Street San Bernardino, CA 92415-0210

CGP 416.60 (minor)

Farm Adnfled for ~ d v r / sI Jt * ~