Adamson Companies v. Zipp, 163 Cal. App. 3d 1 (1984)

Citation: Adamson Companies v. Zipp, 163 Cal. App. 3d 1 (1984)
Parent Document: Adamson Companies v. Zipp, 163 Cal. App. 3d 1 (1984)
Jurisdiction: California (state)
Effective Date: 1984-11-15
Original Source: https://www.courtlistener.com/opinion/2139884/adamson-companies-v-zipp/ ↗

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In construing predecessor notice sections of the Mobilehome Residency Law in comparison to the Code of Civil Procedure's notice provisions relating to unlawful detainers, the Court of Appeal concluded in Palmer v. Agee (1978) 87 Cal. App.3d 377 [150 Cal. Rptr. 841] that the two schemes were irreconcilable for notice purposes and that the notice provisions of the former controlled the general provisions of the latter. (87 Cal. App.3d at p. 386.) Our own comparative analysis of these two statutory schemes leads *14 us to the same conclusion. (See Civ. Code, § 798.60.)[16] (4) (See fn. 17.) In order to ascertain legislative intent, we consider pertinent legislative history of which we take judicial notice. (Evid. Code, §§ 459, subd. (a)(2), 452, subd. (c).)[17] (3b) These documents conclusively demonstrate that the Legislature's predominant concern in providing such notice was to enhance the availability of financing of mobilehome purchasers and to protect the property interest of the owner by guaranteeing notice of the termination of the mobilehome tenancy and the forthcoming removal from the park of the mobilehome. In this connection, it was observed in the enrolled bill report of the Business and Transportation Agency with respect to Assembly Bill No. 2915, which was enacted in 1980 and contains the notice provision before us, that: "Various notices and security provisions have been developed with the lending industry to make mobilehomes more desirable collateral despite their mobility. These include notice of the moving of a mobilehome or of delinquency in park rent by a tenant other than the registered or legal owner." The Agency's report further noted at page 3: "This bill ... improves on [existing law] in many respects, particularly regarding the flexibility and attractiveness of mobile home financing.... This bill was developed through extensive consultation with many industry and interest group representatives, and stand as a broad consensus on what will benefit housing consumers, the mobilehome industry, the lending industry, and California's housing situation in general." The report of the Assembly Committee on Housing and Community Development with regard to Assembly Bill No. 2915's provisions permitting mobilehomes to be installed on foundations described the provision as requiring mobilehome owners "to discharge upon installation any obligation creating a security interest or other encumbrance on the mobilehome to be installed." (Id., at p. 3.) To similar effect are other legislative analyses of Assembly Bill No. 2915, including the report of the Senate Committee on Local Government at pages 3-4 and the third reading analysis by the Senate Democratic Caucus at pages 1-2. The 1983 amendments to section 798.55, subdivision (b) of the Civil Code constitute further evidence supportive for our view.[18]

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