Rich v. Schwab, 75 Cal. Rptr. 2d 170 (1998)

Citation: Rich v. Schwab, 75 Cal. Rptr. 2d 170 (1998)
Parent Document: Rich v. Schwab, 75 Cal. Rptr. 2d 170 (1998)
Jurisdiction: California (state)
Effective Date: 1998-06-01
Original Source: https://www.courtlistener.com/opinion/2252538/rich-v-schwab/ ↗

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Our conclusion is also consistent with the holding in Palmer v. Agee (1978) 87 Cal. App.3d 377, 150 Cal.Rptr. 841 (Palmer). In Palmer the court held the eviction requirements set forth in the MHRL control over the less stringent requirements of the unlawful detainer law. (87 Cal.App.3d at pp. 383-384, 150 Cal.Rptr. 841.) Plainly, the holding that mobilehome owners receive more, rather than less, protection than other lessees supports our conclusion that the MHRL does not limit any of the rights otherwise provided mobilehome tenants by statute or the common law. Indeed, as the court in Palmer noted: "`It has long been the rule in this State that statutes relating to the same subject matter are to be construed together and harmonized if possible.' [Citation.] In other words, `... it is not to be presumed that the legislature in the enactment of statutes intends to overthrow long-established principles of law unless such intention is made clearly to appear by either express declaration or by necessary implication.'" (Id. at p. 383, 150 Cal.Rptr. 841.) C. Dawes's Appeal

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