Cal. Codes » Civil Code / DIVISION 2. PROPERTY / PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5.] / TITLE 2. ESTATES IN REAL PROPERTY / CHAPTER 2.5. Mobilehome Residency Law / ARTICLE 8. Actions, Proceedings, and Penalties
California Codes

Cal. Civil Code § 798.85 (2026)

✓ current as of May 2026
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In any action arising out of the provisions of this chapter the prevailing party shall be entitled to reasonable attorney’s fees and costs. A party shall be deemed a prevailing party for the purposes of this section if the judgment is rendered in his or her favor or where the litigation is dismissed in his or her favor prior to or during the trial, unless the parties otherwise agree in the settlement or compromise.

Notes of Decisions
Cited in 12 cases (7 in the last 5 years), 1993–2026 · leading case: Rubin v. Green, 847 P.2d 1044 (Cal. 1993).
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Rubin v. Green, 847 P.2d 1044 (Cal. 1993). · cites it 2× “(Civ. Code, § 798.85; Code Civ. *1200 Proc.”
De Anza Santa Cruz Mobile Estates Homeowners Ass'n v. De Anza Santa Cruz Mobile Estates, 2001 Cal. Daily Op. Serv. 10660 (Cal. Ct. App. 2001). “2 Civil Code section 798.85 provides: “In any action arising out of the provisions of this chapter the prevailing party shall be entitled to reasonable attorney’s fees and costs .”
Robinson v. City of Yucaipa, 94 Cal. Daily Op. Serv. 7810 (Cal. Ct. App. 1994). “Civil Code section 798.85 states, “In any action arising out of the provisions of this chapter the prevailing party shall be entitled to reasonable attorney’s fees and costs.”
Pinto Lake M.H.People v. Cnty. of Santa Cruz CA6 (Cal. Ct. App. 2023). · cites it 3× “The Association then moved for attorney fees under both the Mobilehome Residency Law (Civ. Code, § 798.85) and the private attorney general statute (Code Civ.”
Barton Props. v. City of Holtville CA4/1 (Cal. Ct. App. 2016). “After several demurrers and amendments to its cross-complaint, the City dismissed its causes of action for nuisance and negligence per se as to all Cross- 1 Civil Code section 798.85 provides: "In any action arising out of the provisions of the [Mobilehome Residency Law] the…”
Varney Ent. Grp. v. Avon Plastics (Cal. Ct. App. 2021). “(a)(4) [‘“prevailing party”’ for purposes of costs award includes “a defendant in whose favor a dismissal is entered”]; Civ. Code, § 798.85 [in an action under the mobilehome residency law, a party may recover attorney fees after a voluntary dismissal]; Code Civ.”
LA Investments v. Spix CA2/3 (Cal. Ct. App. 2022). “Knowing the MRL provides for attorney fees to the prevailing party (Civ. Code, § 798.85; see SC Manufactured Homes, Inc.”
LA Investments, LLC v. Spix (Cal. Ct. App. 2022). “Knowing the MRL provides for attorney fees to the prevailing party (Civ. Code, § 798.85; see SC Manufactured Homes, Inc.”
Canyon View Ltd. v. Lakeview Loan Servicing CA2/1 (Cal. Ct. App. 2022). “(Civ. Code, § 798.85.) The court denied Canyon View’s initial motion for attorney fees on the basis that the Lakeview action did not arise out of the MRL, and that even if it did, no amount of attorney fees would be reasonable to award Canyon View in any event.”
Marriage of Terry CA2/6 (Cal. Ct. App. 2025). “(c)(6)), the 5 Mobilehome Residency Law (Civ. Code, § 798.85), and the Uniform Child Custody Jurisdiction and Enforcement Act (Fam.”
Nat'l Merchants Assn. v. Com. Bank of Cal. CA2/8 (Cal. Ct. App. 2026). “The Court of Appeal affirmed the attorney fee award, finding the tenant was not entitled to attorney fees for defending against the breach of contract claim, but was entitled to attorney fees for defending against the nuisance action, brought under the Mobilehome Residency Act.”
Willow Bend v. City of Holtville CA4/1 (Cal. Ct. App. 2014). “" (Civ. Code, § 798.85, italics added.) Although " '[a]n order granting or denying an award of attorney fees is generally reviewed under an abuse of discretion standard of review,' " the issue " ' "whether the criteria for an award of attorney fees and costs [under Civil Code,…”
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