Verdicts & Settlements Mobile Home
Regency Mobile Home Park
Charlene A. Maryett, et al. v. Preferred Properties, et al.
Sacramento County Superior Court Case No. 03AS03046
The residents of the Regency Mobile Home Park who we represented sued and recovered through mediation $4,035,000 to settle their lawsuit over the substandard living conditions at the Park. The owners attempted to force the residents out of the Park without paying relocation costs mandated by the State of California. Defendants reduced maintenance of the common areas and utilities to motivate residents to leave the Park.
Avalon Carson Mobilehome Park
Cecile Earle, et al. v. Darryl Wong, et al.
Los Angeles Superior Court, Central District Case No. TC009543
We represented 70 residents against the park owner who tried to illegally remove the residents from the park so that he could develop the property as a commercial shopping center. The owner tried to force the residents out by failing to maintain the park and closing the common area facilities at the park. When the residents tried to sell their homes, the park owner refused to allow the homes to remain in the park. A jury awarded $11,700,000 to the residents. The verdict was reduced by the trial judge and a judgment was entered against the defendants in the amount of $9,917,717.
Lake Jennings Mobilehome Park
Agee, et al. v Palmer, et al.
San Diego Superior Court, East District Case No. BE 528230
We represented 268 residents against the park owner. After a jury trial the residents were awarded $4,279,921 including attorneys' fees and costs and punitive damages. The case involved a failing electric and sewer system.
Cedar Village Mobilehome Park
Allen, et al. v Rubin, et al.
San Bernardino Superior Court No. 253356
We obtained a $3,600,000 jury verdict for residents of 85 mobilehomes. In addition to not maintaining the common areas such as the playground, the park owner ignored the failing septic system forcing the residents to endure sewage running down the streets on a regular basis.
Mountain Brook Mobilehome Park
Abell, et al. v Rooke, et al.
Santa Cruz Superior Court Case No. 99599
We represented 56 residents in an action against a park owner who attempted to force the residents out of the park by discontinuing the maintenance of the park. After a jury trial the residents obtained a judgement of $1,702,724. To settle the case the park owner deeded the park to the residents debt free and paid an additional $300,000. The residents now own their own park and have rehabilitated it.
Tropicana Mobilehome Park
Susan Barnes, et al. v. J-Mar Investment Co., et al.,
San Bernardino Superior Court Case No. 254318
We represented 98 homeowners. After a six-month trial, but before the punitive damages phase, we obtained a $5,000,000 judgment. The case settled for $4,350,000 ($350,000 awarded for trip and fall for one plaintiff).
Western Skies Mobilehome Estates
Martin J. Singer, et al. v. Anderson North Limited Partnership, et al.,
Orange County Superior Court Case No. 05CC11890
An Orange County jury awarded the residents of the Western Skies Mobliehome Park, who we represented at trial, more than $2.2 million against the park owners for failing to maintain the mobilehome park. In addition, an injunction was issued by the Court requiring upgrades to the park's utilities and the construction of a new swimming pool. Of the total amount awarded, $1.7 million was for punitive damages. The case settled for a confidential amount before the Court heard plaintiffs' motion for an award of attorneys' fees and costs.
Golden Skies Mobilehome Park
Norma Hernandez, et al. v. Anderson South Limited Partnership, et al.,
Orange County Superior Court Case No. 06CC02973
We represented 130 residents living in 70 households at Golden Skies Mobile Home Estates against the park owner for its failure to maintain the park. The case settled for $3.2 million in August 2007. As part of the settlement, in addition to the monetary payment, the park owners are required to make repairs to the park utility systems.
Beachwood Mobilehome Park & Village
Deborah Shoaf, et al. v. Beachwood Mobile Home Park,
Orange County Superior Court Case No. 04CC05942
We represented the homeowners of 69 households at Beachwood Mobile Home Park in Dana Point, California in a failure to maintain/nuisance case against the park owners. We obtained a settlement of $3,200,000 for the 106 plaintiffs.
Paradise Ranch Mobilehome Park
Nordenstrom, et al. v Santiago Associates, LLC et al.
Los Angeles County Superior Court, Central District, Case No. BC286652
We represented the residents of Paradise Ranch Mobilehome Park in a failure to maintain case against the park owners. The case settled for $4,550,000. The sewer system was very old and needed to be replaced. As a result, sewage frequently backed up into residents' homes. The park owner also failed to provide adequate drainage. The worst condition in this Park was the water. The potable water source consisted of several severely contaminated wells.
Elfin Forest Mobilehome Park
Gabrielle Chini, et al. v. Elfin Forest Village, et al.
San Diego County Superior Court, North County Case No. N60667
We represented 34 homeowners. After a jury trial we obtained: a $1,100,000 punitive damages verdict (reduced to $400,000 by court); injunctive relief ordering $300,000 in repairs; appointment of a Receiver to oversee the repairs; $560,000 in compensatory damages; and, attorneys' fees of $850,000; The case later settled for $1,812,274 plus $300,000 in repairs.
Hacienda Vasquez Mobilehome Park
Risa Rosenthal, et al. v. Mitchell Salmonson, et al.
Los Angeles County Superior Court, Central District Case No. 111307
We represented 49 homeowners and obtained a settlement at trial of $1,635,000 plus rent concessions. The park was in state of severe neglect. The park's common areas including the pool and clubhouse were all closed due to lack of maintenance. The sewer system was in a complete state of failure allowing sewage to flow down the streets on a regular basis.
Reseda Mobilehome Park
Robert Ahaus, et al. v. Reseda Mobile Associates, et al.
Los Angeles County Superior Court Case No. BC375116
Residents at Reseda Mobilehome Park located in Reseda, California received $1,850,000 in settlement of their lawsuit against the Park’s owners. We represented the residents. The lawsuit alleged that the Park owners had failed to maintain the Park’s physical improvements and common facilities in good working order and condition. The problems included numerous gas leaks; low water pressure; sewer backups; electrical problems; poor drainage; and poor maintenance of the common areas, including the pool, laundry rooms and clubhouse.
Mossdale Mobilehome Park
Marilyn A. Rush, et al. v. Applegate Properties, Inc.
Sacramento County Superior Court Case No. 03AS03046
We represented the residents of the Mossdale Mobilehome Park located in Lathrop, California and obtained a settlement of $2,300,000. The residents complained for years over the poor condition of the Park. The water was contaminated with excessive amounts of iron and manganese and did not meet the State drinking water standards; the sewer system was in a state of complete failure; the electrical system was old and in poor shape.
Tuolumne River Resort
Elizabeth Baker, et al. v. Tuolumne River Resort, LLC
Stanislaus County Superior Court Case No. 624309
We represented residents of 14 homes at the Tuolumne River Resort located in Stanislaus County and obtained $984,300 in settlement of their failure to maintain suit. The Park owner stopped maintaining the Park. The residents complained to the owner and the Health Department but nothing changed. When the health inspector responded and visited the Park, the inspector found third world living conditions. The Health Department ordered repairs but instead of doing the repairs, the Park owner tried to evict the remaining residents. The Park’s license to operate was revoked by the Health Department.
Emerald Meadows Manufactured Home Community
Victoria Allinson, et al. v. Larchmont Associates, L.P., et al.,
Sacramento County Superior Court Case No. 06AS04103
We represented the residents of the Emerald Meadows Manufactured Home Community located in Sacramento, California in a second lawsuit against the Park owner for failure to maintain the mobilehome Park. In the first lawsuit in 2003, the residents obtained a settlement of $1.8 million in damages. The settlement did not require the Park owner to make any repairs. The residents waited three years but the Park made no repairs. The residents sued a second time. The Park owner, shortly after the second case was filed, agreed to replace all the utilities in the Park. When we sued the second time, the Park’s insurance policy had a provision stating the policy did not cover any failure to maintain lawsuits. We also sued the Park’s insurance company alleging the clause excluding insurance coverage for failure to maintain was invalid. The court agreed with the residents and found the clause was invalid and the insurance company paid the residents an additional $825,000, bringing the total settlement to $2.6 million.
Royal Western Mobilehome Park
John H. Lee, et al. v. Royal Western, LLC,
Los Angeles County Superior Court Case No. BC316282
We represented the homeowners at the Royal Western Mobilehome Park located in Gardena, California, and obtained a settlement of their failure to maintain/nuisance case against the owner of the park for $1,400,000. The park infrastructure was in a serious state of disrepair. The water system was old and rusting causing low water pressure and rust colored water. The gas system leaked and the sewer system spilled sewage into the residents' homes and onto the streets.
Woods Creek Mobilehome Park
Alexander, et al. v. Reynolds Resort, et al.
Tuolumne County Superior Court Case No. CV53024
Forty-five current and former residents and homeowners of Woods Creek Mobilehome Park located in Jamestown, California, sued the owner of the Park for failure to maintain. We represented the residents and homeowners and in December 2008, achieved a great result through mediation. The residents and homeowners agreed to settle their lawsuit over the substandard living conditions at the Park for $960,000. In addition to money, the settlement required the Park owner to maintain the sewer system, repair the electrical pedestals, correct drainage issues, and trim the trees.
Orange Mobile Home Park
Irma Aguila, et al. v. Orangewood Investments, L.P.
Orange County Superior Court Case No. 30-2008-00112959-CU-BC-CJC
The residents of the Orange Mobile Home Park settled this lawsuit against their Park owner for $1,625,000. The Park owner did not own the land upon which the Park was built but instead had a contract with the land owner granting him the right to operate the Park. This contract was due to expire and for the last several years the Park owner refused to maintain the Park. As a result, the residents started having problems with the Park's sewer and electrical utilities. The sewer would back up and flow into residents' yards and down the street. The electrical system did not provide adequate power, causing blackouts and brownouts. The residents banded together and sued the Park owner over these conditions. Endeman Lincoln Turek & Heater represented them. The case settled for $1,625,000 at the time the contract to operate the Park expired. The land owner is now in the process of rehabbing the entire Park. This was a great result, the residents received a very significant amount of money and the Park will be completely rehabilitated.
Capistrano Terrace Mobilehome Park
Gilberto Aguirre, et al. v. Advanced Group 03-79
align="center">Orange County Superior Court Case No. 07CC11632
On January 13, 2011, 17 residents of Capistrano Terrace Mobilehome Park, a mobilehome Park in San Juan Capistrano, were awarded $1,141,584 by an Orange County jury for the Park owner's failure to maintain the Park. 145 plaintiffs filed an action on October 31, 2007 for defendant's failure to maintain the Park under Civil Code §798.87, which constitutes a public nuisance. Before trial began on November 1, 2010, a different group of 7 plaintiffs accepted 998 offers and 128 plaintiffs proceeded to trial. During trial, the Court severed the 17 plaintiffs from the other 111 plaintiffs. These 17 plaintiffs had their claims decided by the jury. Plaintiffs testified to sewage backups and spills inside and outside their homes, bad water, low water pressure, electricity outages, low electrical power, landslides, and dilapidated park buildings and structures. The plaintiffs contended the defendant failed to maintain the utilities and park grounds in violation of the Mobilehome Residency Law and landlord-tenant requirements.
Bel Abbey Mobilehome Park
Luciano Alvarado, et al. v. Shadrow and Shadrow
Los Angeles County Superior Court Case No. TC023667
The residents of the Bel Abbey Mobilehome Park were in a very difficult position when they contacted Endeman Lincoln Turek & Heater. Their Park owner was closing the Park. They were all going to lose their homes and the City of Carson was requiring the Park owner to pay "pennies on the dollar" for the residents' homes. Legally, there was nothing that could be done to force the City to order higher payments. Fortunately for the residents, the Park owner made a very critical mistake. During the closure process he failed to maintain the Park. The pool was drained and the clubhouse fell into total disrepair. The water, sewer and electrical systems started to fail. Endeman, Lincoln, Turek & Heater sued the Park alleging the failure to maintain the Park caused the residents to live in slum-like conditions. To settle the case, the Park owner paid the residents the value of their homes not awarded by the City. The defendant settled the case for $900,000 in addition to the relocation benefits awarded by the City.
Anchor Trailer Park
Zelda M. Creason, et al. v. V2V Properties-Anchor CM, LLC
Orange County Superior Court Case No. 30-2009-00119961
The owner of the Anchor Trailer Park wanted to redevelop the Park into condominiums. A park owner may close a park but only if he files a Relocation Impact Report and agrees to the conditions imposed by the City to relocate the residents. These conditions can range from paying the cost to move the home to paying the full market value of the homes in the Park. To avoid paying relocation costs the Park owner tried to empty the Park by requiring the removal of any home sold by a resident. To encourage the residents to leave, the Park owner doubled the rent. Endeman Lincoln Turek & Heater represented the residents. The Park owner settled, paying $550,000 to compensate for the illegal rent increase and agreed to stop his illegal attempt to remove residents from the Park. As part of the settlement rents were rolled back, the residents are now able to freely sell their homes, and the Park owner must file a Relocation Impact Report if he ever intends to close the Park. If these residents had not sued the Park, each of them would have lost their homes. However, by coming together and suing as one, they were able to thwart the Park owner's attempt to illegally force them from their homes.
Blue Pacific Mobilehome Park
Robert Alcorn, et al. v. Doheney-Vidovich Partners
Santa Cruz County Superior Court Case No. CV155867
In December 1, 2006, the residents of Blue Pacific Mobilehome Park in Aptos, California, filed a lawsuit against the Park owner for failure to maintain their Park. As part of the 2009 settlement of the lawsuit, the residents were given the opportunity to purchase the Park at a reduced price. On August 30, 2011, after a long loan process, the residents closed escrow on the Park purchase. The residents contacted Endeman Lincoln Turek & Heater, LLP in 2006 because of problems with their electrical, water and sewer systems, as well as the clubhouse, pool and streets. After the lawsuit was filed, the park owner made improvements to the clubhouse and streets.
Tatum-Kaplan Financial Group v. Ryan Davis
Orange County Superior Court Case No. 30-2009-00121487-CU-NP-CXC
[Related Case No. 30-2008-00112959-CU-BC-CXC]
The residents of the Orange Mobilehome Park located in Orange County won a significant battle in their lawsuit against the Park owner. Shortly after the residents filed suit over the substandard conditions at the mobilehome Park, the Park owner retaliated by suing one of the plaintiffs, Ryan Davis, for Malicious Prosecution. We represented plaintiff Ryan Davis. The Orange County Superior Court held the Malicious Prosecution lawsuit was a SLAPP Suit (Strategic Litigation Against Plaintiff), threw the case out of court and awarded our client his attorney fees and cost which totaled $50,000, when the case settled.