California Codes

Cal. Civil Code § 798.87 (2026)

✓ current as of May 2026

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(a)The substantial failure of the management to provide and maintain physical improvements in the common facilities in good working order and condition shall be deemed a public nuisance. Notwithstanding Section 3491, this nuisance may only be remedied by a civil action or abatement.

(b)The substantial violation of a mobilehome park rule shall be deemed a public nuisance. Notwithstanding Section 3491, this nuisance may only be remedied by a civil action or abatement.

(c)A civil action pursuant to this section may be brought by a park resident, the park management, or in the name of the people of the State of California, by any of the following:

(1)The district attorney or the county counsel of the jurisdiction in which the park, or the greater portion of the park, is located.

(2)The city attorney or city prosecutor if the park is located within the jurisdiction of the city.

(3)The Attorney General.

Notes of Decisions

Cited in 5 cases, 2013–2016 · leading case: Penilla v. Westmont Corp., 3 Cal. App. 5th 205 (Cal. Ct. App. 2016).

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Penilla v. Westmont Corp., 3 Cal. App. 5th 205 (Cal. Ct. App. 2016). “1 All plaintiffs alleged causes of action for breach of contract, public nuisance (Civ. Code, § 798.87), private nuisance, negligence, negligence per se, breach of the implied warranty of habitability, breach of the covenant of quiet enjoyment, improper utility services billings…”

Adams v. MHC Colony Park Ltd. P'ship, 224 Cal. App. 4th 601 (Cal. Ct. App. 2014). “(Civ. Code, § 798.87, subds. (a) & (b).) Thus, unlike common law public nuisances, they may not be remedied in criminal proceedings.”

Adams v. MHC Colony Park Ltd. P'ship (Cal. Ct. App. 2013). · cites it 3× “(Civ. Code, § 798.87, subds. (a) & (b).) Thus, unlike common law public nuisances, they may not be remedied in criminal proceedings.”

Gort v. Kort CA4/3 (Cal. Ct. App. 2014). “) 2 Civil Code sections 798.87, subdivision (b) [substantial violation of mobilehome park rules a public nuisance] and 798.”

Willow Bend v. City of Holtville CA4/1 (Cal. Ct. App. 2014). “" (Civ. Code, § 798.87, subd. (a).) A civil action to remedy a nuisance may be brought by a park resident, the people of the State of California, the Attorney General, or, as here, a city attorney.”

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