HomeMy WebLinkAboutItem 5.1 Written Communications - CrossMegan,
I appreciate the modification to include the TPA 2019 language, but in an effort to clarify that the
Chapter not only exempts "Homeowners as defined in Civil Code 798.9" (which refers to residents in a
mobilehome park), but that you also wish to exempt mobilehome park owners and the complete
tenancy relationship governed by the MRL, could you please modify this section to read:
10. This Chapter shall not apply to any tenancy governed by or subject to the provisions of the California
Mobilehome Residency Law.
This will avoid any argument by tenant attorneys that the reason the City of Chula Vista used this narrow
language and specific definition of "Homeowner" for the exemption, was that the City of Chula Vista did
not want to exempt mobilehome park owners or the complete tenancy, only "homeowners" from this
Chapter.
I understand that it is the City's intention to exempt mobilehome park owners from this Ordinance, as
well as Homeowners in a mobilehome park, but as an attorney litigating against clever tenant attorneys,
I have heard many "interesting" arguments in court. I would like to avoid having to respond to the
judge's question "Why, if the City of Chula Vista intended the Ordinance to exempt park owners as well
as homeowners, the Ordinance did not state that?" I hope you understand the concern and the desire
to avoid unnecessary litigation over vague definitions.
Please let me know if you have any questions or if you would like to discuss this further. Thank you
again for your time and consideration of my suggestions.
Tamara M. Cross, Esq.
The Cross Law Firm, APC
8880 Rio San Diego Dr., Suite 800
San Diego, CA 92108
619) 296-0567
Fax: (619) 342-8684
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On Wed, Jan 26, 2022 at 3:18 PM Megan McClurg <MMcClurg@chulavistaca.gov> wrote:
Ms. Cross,
Thank you for your letter dated January 26, 2022. For your information, based in part on your helpful
feedback and participation in our stakeholder process, staff is proposing to add language expressly
stating that the chapter does not apply to a homeowner of a mobilehome, as defined in Civil Code
section 798.9. Please see attached (section X.XX.100(B)(10)) for reference.
Please let me know if this addresses your concerns, or if you have any further feedback.
Sincerely,
Megan McClurg
Deputy City Attorney
Office of the City Attorney
276 Fourth Avenue
Chula Vista, CA 91910
T (619) 476-2365
mmcclurg@chulavistaca.gov
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From: Tamara Cross, Esq. <Tamara@crosslawfirmapc.com>
Sent: Wednesday, January 26, 2022 11:59 AM
To: Megan McClurg <MMcClurg@chulavistaca.gov>; Stacey Kurz <SKurz@chulavistaca.gov>; Mark
Barnard <MBarnard@chulavistaca.gov>
Subject: Chula Vista Tenant Protection Ordinance: Comments/Suggestions
Ms. McClurg, Mr. Barnard and Ms. Kurz,
As discussed in our virtual meeting last week, please find attached my comments and suggestions
regarding the Chula Vista Tenant Protection Ordinance.
Thank you again for your consideration of these suggestions and please feel free to contact me if you
would like to discuss these suggestions in more detail.
Tamara M. Cross, Esq.
The Cross Law Firm, APC
8880 Rio San Diego Dr., Suite 800
San Diego, CA 92108
619) 296-0567
Fax: (619) 342-8684
CONFIDENTIALITY NOTICE: This email transmission, and any documents, files or previous email messages attached to it, may contain confidential
information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby
notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY
PROHIBITED. This communication does not create an attorney-client relationship with
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