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Pursuant to California Rules of Court, rules 8.1100 and 8.1110, this opinion is
certified for publication with the exception of parts III and IV of the Discussion.
The trial court dismissed Kevin Banuelos’s third amended complaint after
sustaining the defendants’ demurrer to all causes of action without leave to amend. We
hold the complaint states a cause of action for retaliatory eviction under Civil Code
section 1942.5 and that this cause of action is not barred by the litigation privilege of
Civil Code section 47, subdivision (b). We affirm the judgment as to the remaining
causes of action.
FACTS AND PROCEEDINGS BELOW
Background: Banuelos I.
In 2008, Banuelos brought an action against the owners and managers of
Park Granada, a mobile home park in Carson. Banuelos alleged that he was the owner of
a mobile home located on Space 23 at Park Granada and that defendants refused to accept
his application for tenancy of the space in violation of Civil Code section 798.74, which
limits the right of a mobile home park owner to refuse tenancy to a “purchaser” of a
mobile home in the park.1 According to Banuelos’s complaint, defendants refused to
accept his rent applications for the space in order to force him to sell them his mobile
home for little or no consideration since it would be practically impossible for him to
move it from the space. Banuelos sued the defendants for violation of section 798.74 and
various torts.