SECTIONS 1859-1867

1859.  The liability of an innkeeper, hotelkeeper, operator of alicensed hospital, rest home or sanitarium, furnished apartment housekeeper, furnished bungalow court keeper, boardinghouse orlodginghouse keeper, for losses of or injuries to personal property,is that of a depositary for hire; provided, however, that in no caseshall such liability exceed the sum of one thousand dollars ($1,000)in the aggregate. In no case shall liability exceed, for each item ofdescribed property, the respective sums of five hundred dollars($500) for each trunk and its contents, two hundred fifty dollars($250) for each valise or traveling bag and its contents, two hundredfifty dollars ($250) for each box, bundle or package and itscontents, and two hundred fifty dollars ($250) for all other personalproperty of any kind, unless he shall have consented in writing withthe owner thereof to assume a greater liability.1860.  If an innkeeper, hotelkeeper, operator of a licensedhospital, rest home or sanitarium, boardinghouse or lodginghousekeeper, keeps a fireproof safe and gives notice to a guest, patient,boarder or lodger, either personally or by putting up a printednotice in a prominent place in the office or the room occupied by theguest, patient, boarder, or lodger, that he keeps such a safe andwill not be liable for money, jewelry, documents, furs, fur coats andfur garments, or other articles of unusual value and small compass,unless placed therein, he is not liable, except so far as his ownacts shall contribute thereto, for any loss of or injury to sucharticles, if not deposited with him to be placed therein, nor in anycase for more than the sum of five hundred dollars ($500) for any orall such property of any individual guest, patient, boarder, orlodger, unless he shall have given a receipt in writing therefor tosuch guest, patient, boarder or lodger.1861.  Hotel, motel, inn, boardinghouse, and lodginghouse keepersshall have a lien upon the baggage and other property belonging to orlegally under the control of their guests, boarders, tenants, orlodgers which may be in such hotel, motel, inn, or boarding orlodging house for the proper charges due from such guests, boarders,tenants, or lodgers, for their accommodation, board and lodging androom rent, and such extras as are furnished at their request, and forall money paid for or advanced to such guests, boarders, tenants, orlodgers, and for the costs of enforcing such lien. The lien may beenforced only after final judgment in an action brought to recoversuch charges or moneys. During the pendency of the proceeding, theplaintiff may take possession of the baggage and property pursuant toa writ of possession as provided by Sections 1861.1 to 1861.27,inclusive. However, if any baggage or property becoming subject tothe lien herein provided for does not belong to the guest, lodger,tenant, or boarder who incurred the charges or indebtedness securedthereby, at the time when such charges or indebtedness was incurred,and if the hotel, motel, inn, boarding or lodging house keeperentitled to such lien receives notice of such fact at any time beforethe sale of such baggage or property hereunder, then, and in thatevent, such baggage and property which is subject to said lien anddid not belong to said guest, boarder, tenant, or lodger at the timewhen such charges or indebtedness was incurred shall not be subjectto this lien. Any property which is exempt from enforcement of a money judgmentis not subject to the lien provided for in this section.1861.1.  Definitions for purposes of Sections 1861 through 1861.27include the following: (a) "Hotel", "motel", "inn", "boardinghouse", and "lodginghousekeeper" means any person, corporation, partnership, unincorporatedassociation, public entity, or agent of any of the aforementioned,who offers and accepts payment for rooms, sleeping accommodations, orboard and lodging and retains the right of access to, and controlof, the dwelling unit. (b) "Levying officer" means the sheriff or marshal who is directedto execute a writ of possession issued pursuant to this article. (c) "Plaintiff" means any party filing a complaint or crosscomplaint. (d) "Probable validity" means that the plaintiff, more likely thannot, will obtain a judgment against the defendant on the plaintiff'sclaim.1861.5.  (a) Upon the filing of a complaint, or at any timethereafter, the plaintiff may apply, pursuant to this article, for awrit of possession by filing an application for the writ with thecourt in which the action was filed. (b) The application shall be executed under oath and shall includeall of the following: (1) A showing of the basis of the plaintiff's claim, including ashowing that the plaintiff is entitled to possession of the propertyclaimed pursuant to an innkeepers' lien. (2) A general description of the property and a statement of itsvalue. (3) A statement of the amount of money claimed to be owed by theguest, lodger, tenant, or boarder. (c) The requirements of subdivision (b) may be satisfied by one ormore affidavits filed with the application.1861.6.  (a) Except as otherwise provided in this section, no writshall be issued under this article except after a hearing on anoticed motion. (b) A writ of possession may be issued ex parte pursuant to thissubdivision, if probable cause appears that the following conditionsexist: (1) The property is not necessary for the support of the defendantor his family; (2) There is an immediate danger that the property will becomeunavailable to levy, by reason of being transferred, concealed, orremoved from the state, or the premises of the motel, hotel, inn,boardinghouse, or lodginghouse, or will become substantially impairedin value by acts of destruction or by failure to take care of theproperty in a reasonable manner; and (3) The ex parte issuance of a writ of possession is necessary toprotect the property. (4) The plaintiff establishes the probable validity of theplaintiff's claim. The plaintiff's application for the writ shall satisfy therequirements of Section 1861.5 and, in addition, shall include ashowing that the conditions required by this subdivision exist. Awrit of possession may issue if the court finds that the conditionsrequired by this subdivision exist, and the requirements of Section1861.5 are met. Where a writ of possession has been issued pursuantto this subdivision, a copy of the summons and complaint, a copy ofthe application and any affidavit in support thereof, and a noticewhich satisfies the requirements of subdivisions (b) and (c) ofSection 1861.8 and informs the defendant of his rights under thissubdivision shall be served upon the defendant, and any other personrequired by Section 1861.8 to be served with a writ of possession.Any defendant whose property has been taken pursuant to a writ ofpossession issued under this subdivision may apply for an order thatthe writ be quashed, and any property levied on pursuant to the writbe released. Such application shall be made by noticed motion, andthe provisions of Section 1861.9 shall apply. Pending the hearing ofthe defendant's application, the court may order that deliverypursuant to Section 1861.19 of any property previously levied upon bestayed. If the court determines that the plaintiff is not entitledto a writ of possession, the court shall quash the writ of possessionand order the release and redelivery of any property previouslylevied upon, and shall award the defendant any damages sustained bythe defendant which were proximately caused by the levy of the writof possession and the loss of possession of the property pursuant tosuch levy.1861.7.  Prior to the hearing required by subdivision (a) of Section1861.6, the defendant shall be served with all of the following: (a) A copy of the summons and complaint. (b) Notice of application and hearing. (c) A copy of the application and any affidavit filed in supportthereof.1861.8.  The "Notice of Application and Hearing" shall inform thedefendant of all of the following: (a) The hearing will be held at a place and at a time, to bespecified in the notice, on plaintiff's application for writ ofpossession. (b) The writ shall be issued if the court finds that the plaintiff's claim has probable validity and the other requirements for issuingthe writ are established. The hearing is not for the purpose ofdetermining whether the claim is actually valid; such determinationshall be made in subsequent proceedings in the action. (c) If the defendant desires to oppose the issuance of the writ,he shall file with the court either an affidavit providing evidencesufficient to defeat the plaintiff's right to issuance of the writ,or an undertaking to stay the delivery of the property in accordancewith Section 1861.22. (d) The notice shall contain the following statement in 10-pointbold type: "If you believe the plaintiff may not be entitled to possession ofthe property claimed, you may wish to seek the advice of anattorney. Such attorney should be consulted promptly so that he mayassist you before the time set for the hearing."1861.9.  Each party shall file with the court and serve upon theother party within the time prescribed by rule, any affidavits andpoints and authorities intended to be relied upon at the hearing. Atthe hearing, the court shall make its determination upon the basis ofthe pleadings and other papers in the record; but, upon good causeshown, the court may receive and consider additional evidence andauthority produced at the hearing, or may continue the hearing forthe production of additional evidence, oral or documentary, and thefiling of other affidavits or points and authorities.1861.10.  (a) At the hearing a writ of possession shall issue if allof the following are found: (1) The plaintiff has established the probable validity of hisclaim to possession of the property of the tenant, boarder, orlodger. (2) That the property which is described within the applicationfor the writ is located on the premises of the motel, hotel,boardinghouse or lodginghouse. (3) The plaintiff has provided an undertaking as required bySection 1861.21. (b) No writ directing the levying officer to enter any premises totake possession of any property shall be issued unless the plaintiffhas established that there is probable cause to believe that suchproperty is located there.1861.12.  The writ of possession shall meet all of the followingrequirements: (a) Be directed to the levying officer within whose jurisdictionthe property is located. (b) Generally describe the property to be seized. (c) Specify the apartment, motel, or other boarding premises thatmay be entered to take possession of the property, or some part ofit. (d) Direct the levying officer to levy on the property pursuant toSection 1861.18 if found on the described premises, and to retaincustody of it until released or sold pursuant to Section 1861.19. (e) Inform the defendant of the right to object to the plaintiff'sundertaking, a copy of which shall be attached to the writ, or toobtain the delivery of the property by filing an undertaking asprescribed by Section 1861.22.1861.13.  Neither the failure of the defendant to oppose theissuance of a writ of possession under this article, nor his failureto rebut any evidence produced by the plaintiff in connection withproceedings under this article, shall constitute a waiver of anydefense to the plaintiff's claim in the action, or any other action,or have any effect on the right of the defendant to produce orexclude evidence at the trial of any such action.1861.14.  The determinations of the court under this article shallhave no effect on the determination of any issues in the action,other than the issues relevant to proceedings under this article, norshall they affect the rights of any party in any other actionarising out of the same claim. The determinations of the court underthis article shall not be given in evidence, or referred to in thetrial.1861.15.  If the plaintiff fails to recover judgment in the action,he shall redeliver the property to the defendant, and be liable forall damages sustained by the defendant, which are proximately causedby operation of the temporary restraining order and preliminaryinjunction, if any, the levy of the writ of possession, and the lossof possession of the property pursuant to the levy of the writ ofpossession.1861.16.  (a) At or after the time he files an application for awrit of possession, the plaintiff may apply for a temporaryrestraining order by setting forth in the application a statement ofgrounds justifying the issuance of such order. (b) A temporary restraining order may issue ex parte if all thefollowing are found: (1) The plaintiff has established the probable validity of hisclaim and entitlement to possession of the property, pursuant to aninnkeepers' lien. (2) The plaintiff has provided an undertaking as required bySection 1861.21. (3) The plaintiff has established the probable validity that thereis an immediate danger that the property claimed may becomeunavailable to levy by reason of being transferred, concealed, orremoved, or may become substantially impaired in value. (c) If at the hearing on the issuance of the writ of possessionthe court determines that the plaintiff is not entitled to a writ ofpossession, the court shall dissolve any temporary restraining order;otherwise, the court may issue a preliminary injunction to remain ineffect until the property claimed is seized pursuant to the writ ofpossession.1861.17.  In the discretion of the court, the temporary restrainingorder may prohibit the defendant from doing any or all of thefollowing: (a) Transferring any interest in the property by sale, pledge, orgrant of security interest, or otherwise disposing of, orencumbering, the property. (b) Concealing or otherwise removing the property in such a manneras to make it less available to seizure by the levying officer. (c) Impairing the value of the property either by acts ofdestruction or by failure to care for the property in a reasonablemanner.1861.18.  (a) At the time of levy, the levying officer shall deliverto the person in possession of the property a copy of the writ ofpossession, with a copy of the plaintiff's undertaking attached. (b) If no one is in possession of the property at the time oflevy, the levying officer shall subsequently serve the writ andattached undertaking on the defendant. If the defendant has appearedin the action, service shall be accomplished in the manner providedby Chapter 5 (commencing with Section 1010) of Title 14 of Part 2. Ifthe defendant has not appeared in the action, service shall beaccomplished in the manner provided for the service of summons andcomplaint by Article 3 (commencing with Section 415.10) of Chapter 4of Title 5 of Part 2.1861.19.  (a) After the levying officer takes possession pursuant tothe writ of possession, the levying officer shall keep the propertyin a secure place. Except as otherwise provided in Section 1861.6: (1) If notice of the filing of an undertaking for redelivery ornotice of objection to the undertaking is not received by the levyingofficer within 10 days after levy of the writ of possession, thelevying officer shall deliver the property to plaintiff, uponreceiving the fees for taking, and necessary expenses for keeping,the property. (2) If notice of the filing of an undertaking for redelivery isreceived by the levying officer within 10 days after levy of the writof possession, and no objection is made to the defendant'sundertaking, the levying officer shall redeliver the property todefendant upon expiration of the time to object, upon receiving thefees for taking and necessary expenses for keeping the property notalready paid or advanced by the plaintiff. (3) If notice of objection to the plaintiff's undertaking ornotice of the filing of an undertaking for redelivery is receivedwithin 10 days after levy of the writ of possession, and objection ismade to the defendant's undertaking, the levying officer shall notdeliver or redeliver the property until the time provided in Section1861.23. (b) Notwithstanding subdivision (a), when not otherwise providedby contract, and where an undertaking for redelivery has not beenfiled, upon a showing that the property is perishable, or willgreatly deteriorate or depreciate in value, or for some other reasonthat the interest of the parties will be best served thereby, thecourt may order that the property be sold and the proceeds depositedin the court to abide the judgment in the action.1861.20.  The levying officer shall return the writ of possession,with his proceedings thereon, to the court in which the action ispending, within 30 days after a levy, but in no event more than 60days after the writ is issued.1861.21.  The court shall not issue a temporary restraining order ora writ of possession until the plaintiff has filed with the court anundertaking. The undertaking shall provide that the sureties arebound to the defendant in the amount of the undertaking for thereturn of the property to the defendant, if the return thereof beordered, and for the payment to the defendant of any sum recoveredagainst plaintiff. The undertaking shall be in an amount not lessthan twice the value of the property.1861.22.  (a) The defendant may prevent the plaintiff from takingpossession of property, pursuant to a writ of possession, or regainpossession of property so taken, by filing with the court in whichthe action was brought an undertaking in an amount equal to theamount of the plaintiff's undertaking required by Section 1861.21.The undertaking shall state that, if the plaintiff recovers judgmenton the action, the defendant shall pay all costs awarded to theplaintiff and all damages that the plaintiff may sustain by reason ofthe loss of possession of the property, not exceeding the amount ofthe undertaking. (b) The defendant's undertaking may be filed at any time before orafter the levy of the writ of possession. The defendant shall mail acopy of the undertaking to the levying officer. (c) If an undertaking for redelivery is filed, and no objection ismade to the undertaking, the levying officer shall deliver theproperty to the defendant, or, if the plaintiff has previously beengiven possession of the property, the plaintiff shall deliver theproperty to the defendant. If an undertaking for redelivery is filedand an objection to the undertaking is made, the provisions ofSection 1861.23 apply.1861.23.  (a) The defendant may object to the plaintiff'sundertaking not later than 10 days after levy of the writ ofpossession. The defendant shall mail notice of objection to thelevying officer. (b) The plaintiff may object to the defendant's undertaking notlater than 10 days after the defendant's undertaking is filed. Theplaintiff shall mail notice of objection to the levying officer . (c) If the court determines that the plaintiff's undertaking isnot sufficient and a sufficient undertaking is not given within thetime provided by statute, the court shall vacate the temporaryrestraining order or preliminary injunction, if any, and the writ ofpossession and, if levy has occurred, order the levying officer orthe plaintiff to return the property to the defendant. If the courtdetermines that the plaintiff's undertaking is sufficient, the courtshall order the levying officer to deliver the property to theplaintiff. (d) If the court determines that the defendant's undertaking isnot sufficient and a sufficient undertaking is not given within thetime required by statute, the court shall order the levying officerto deliver the property to the plaintiff, or, if the plaintiff haspreviously been given possession of the property, the plaintiff shallretain possession. If the court determines the defendant'sundertaking is sufficient, the court shall order the levying officeror the plaintiff to deliver the property to the defendant.1861.24.  Unless the judgment is paid within 30 days from the dateit becomes final, the plaintiff may sell the baggage and property atpublic auction to the highest bidder, after giving notice of the saleby publication. The notice shall contain the name of the debtor, theamount due, a brief description of the property to be sold, and thetime and place of sale, in the manner required by Section 6061 of theGovernment Code in the county in which the premises are situated. Acopy of the notice shall be mailed, at least 15 days prior to thedate of sale, to the tenant or guest at his or her residence or otherknown address, and if not known, to the tenant or guest at the placewhere the premises are situated. After satisfying the lien out ofthe proceeds of the sale, together with any reasonable costs that mayhave been incurred in enforcing the lien, the balance of theproceeds of the sale, if any, which have not been claimed by thetenant or guest shall, within 30 days from the date of the sale, bepaid into the treasury of the county in which the sale took place. Ifthat balance is not claimed by the owner thereof, or his legalrepresentative, within one year thereafter, by making application tothe treasurer or other official designated by the county, it shall bepaid into the general fund of the county. Any sale conductedpursuant to this section shall be a bar to any action against theplaintiff for the recovery of the baggage or property, or of thevalue thereof, or for any damages arising out of the failure of thetenant or guest to receive the baggage or property.1861.25.  Where the property taken is claimed by a third person, therules and proceedings applicable in cases of third-party claimsunder Division 4 (commencing with Section 720.010) of Title 9 of Part2 of the Code of Civil Procedure apply.1861.27.  The facts stated in each affidavit filed pursuant to thisarticle shall be set forth with particularity. Except where mattersare specifically permitted by this article to be shown by informationand belief, each affidavit shall show affirmatively that theaffiant, if sworn as a witness, can testify competently to the factsstated therein. The affiant may be any person, whether or not a partyto this action, who has knowledge of the facts. A verified complaintthat satisfies the requirements of this section may be used in lieuof, or in addition to, an ordinary affidavit.1861.28.  The judicial duties to be performed under this article are"subordinate judicial duties" within the meaning of Section 22 ofArticle VI of the California Constitution, and may be performed byappointed officers such as court commissioners.1861a.  Keepers of furnished and unfurnished apartment houses,apartments, cottages, or bungalow courts shall have a lien upon thebaggage and other property of value belonging to their tenants orguests, and upon all the right, title and interest of their tenantsor guests in and to all property in the possession of such tenants orguests which may be in such apartment house, apartment, cottage, orbungalow court, for the proper charges due from such tenants orguests, for their accommodation, rent, services, meals, and suchextras as are furnished at their request, and for all moneys expendedfor them, at their request, and for the costs of enforcing suchlien. Such lien may be enforced only after final judgment in an actionbrought to recover such charges or moneys. During the pendency of theproceeding, the plaintiff may take possession of such baggage andproperty upon an order issued by the court, where it appears to thesatisfaction of the court from an affidavit filed by or on behalf ofthe plaintiff that the baggage or property is about to be destroyed,substantially devalued, or removed from the premises. Ten dayswritten notice of the hearing on the motion for such order shall beserved on the defendant and shall inform the defendant that thedefendant may file affidavits on the defendant's behalf and presenttestimony in the defendant's behalf and that if the defendant failsto appear the plaintiff will apply to the court for such order. Theplaintiff shall file an undertaking with good and sufficientsureties, to be approved by the court, in such sum as may be fixed bythe court. Upon such order, the plaintiff shall have the right to enterpeaceably the unfurnished apartment house, apartment, cottage, orbungalow court used by the guest or tenant without liability to theguest or tenant, including any possible claim of liability forconversion, trespass, or forcible entry. The plaintiff shall have thesame duties and liabilities as a depository for hire as to propertywhich the plaintiff takes into possession. An entry shall beconsidered peaceable when accomplished with a key or passkey orthrough an unlocked door during the hours between sunrise and sunset.Unless the judgment shall be paid within 30 days from the date whenit becomes final, the plaintiff may sell the baggage and property, atpublic auction to the highest bidder, after giving notice of suchsale by publication of a notice containing the name of the debtor,the amount due, a brief description of the property to be sold, andthe time and place of such sale, pursuant to Section 6064 of theGovernment Code in the county in which said apartment house,apartment, cottage, or bungalow court is situated, and after bymailing, at least 15 days prior to the date of sale, a copy of suchnotice addressed to such tenant or guest at the residence or otherknown address of the tenant or guest, and if not known, such noticeshall be addressed to the tenant or guest at the place where suchapartment house, apartment, cottage, or bungalow court is situated;and, after satisfying such lien out of the proceeds of such sale,together with any reasonable costs, that may have been incurred inenforcing said lien, the residue of said proceeds of sale, if any,shall, upon demand made within six months after such sale, be paid tosuch tenant or guest; and if not demanded within six months from thedate of such sale, said residue, if any, shall be paid into thetreasury of the county in which such sale took place; and if the samebe not claimed by the owner thereof, or the owner's legalrepresentative within one year thereafter, it shall be paid into thegeneral fund of the county; and such sale shall be a perpetual bar toany action against said keeper for the recovery of such baggage orproperty, or of the value thereof, or for any damages, growing out ofthe failure of such tenant or guest to receive such baggage orproperty. When the baggage and property are not in the possession of thekeeper as provided herein, such lien shall be enforced only in themanner provided for enforcement of a money judgment. Any property which is exempt from enforcement of a money judgmentis not subject to the lien provided for in this section.1862.5.  Whenever any personal property has heretofore been found inor deposited with, or is hereafter found in or deposited with anylicensed hospital and has remained or shall remain unclaimed for aperiod of 180 days following the departure of the owner from thehospital, such hospital may proceed to sell the same at publicauction, and out of the proceeds of such sale may retain the chargesfor storage, if any, the reasonable expenses of sale thereof and allsums due the hospital from the last known owner. No such sale shallbe made until the expiration of four weeks from the time writtennotice of such sale is given to the last known owner. Said noticeshall contain a description of each item of personal property to besold, the name of the last owner, the name of the hospital and thetime and place of sale and may be sent by regular mail, postageprepaid, to the last known owner at his last known address. In casethere should be any balance from such sale after the deductionsherein provided for, and such balance shall not be claimed by therightful owner or his legal representative within one week of saidsale, the same shall be paid into the treasury of the county whereinsaid hospital is located; and if the same be not claimed by the ownerthereof, or his legal representative within one year thereafter, thesame shall be paid into the general fund of said county. Proceedingsin substantial compliance with this section shall exonerate thehospital from any liability for property so sold. This section shallnot be construed as limiting or in any way amending any otherprovision of law limiting the liabilities of any licensed hospital.1863.  (a) Every keeper of a hotel, inn, boardinghouse orlodginghouse, shall post in a conspicuous place in the office orpublic room, and in every bedroom of said hotel, boardinghouse, inn,or lodginghouse, a printed copy of this section, and a statement ofrate or range of rates by the day for lodging. (b) No charge or sum shall be collected or received for anygreater sum than is specified in subdivision (a). For any violationof this subdivision, the offender shall forfeit to the injured partyone hundred dollars ($100) or three times the amount of the sumcharged in excess of what he is entitled to, whichever is greater.There shall be no forfeiture under this subdivision unless notice begiven of the overcharge to such keeper within 30 days after paymentof such charges and such keeper shall fail or refuse to make properadjustment of such overcharge.1864.  Any person or entity, including a person employed by a realestate broker, who, on behalf of another or others, solicits orarranges, or accepts reservations or money, or both, for transientoccupancies described in paragraphs (1) and (2) of subdivision (b) ofSection 1940, in a dwelling unit in a common interest development,as defined in Section 1351, in a dwelling unit in an apartmentbuilding or complex, or in a single-family home, shall do each of thefollowing: (a) Prepare and maintain, in accordance with a written agreementwith the owner, complete and accurate records and books of account,kept in accordance with generally accepted accounting principles, ofall reservations made and money received and spent with respect toeach dwelling unit. All money received shall be kept in a trustaccount maintained for the benefit of owners of the dwelling units. (b) Render, monthly, to each owner of the dwelling unit, or tothat owner's designee, an accounting for each month in which thereare any deposits or disbursements on behalf of that owner, however,in no event shall this accounting be rendered any less frequentlythan quarterly. (c) Make all records and books of account with respect to adwelling unit available, upon reasonable advance notice, forinspection and copying by the dwelling unit's owner. The recordsshall be maintained for a period of at least three years. (d) Comply fully with all collection, payment, and recordkeepingrequirements of a transient occupancy tax ordinance, if any,applicable to the occupancy. (e) In no event shall any activities described in this sectionsubject the person or entity performing those activities in anymanner to Part 1 (commencing with Section 10000) of Division 4 of theBusiness and Professions Code. However, a real estate licenseesubject to this section may satisfy the requirements of this sectionby compliance with the Real Estate Law.1865.  (a) For purposes of this section, "hotel" means any hotel,motel, bed and breakfast inn, or other similar transient lodgingestablishment, but it shall not include any residential hotel asdefined in Section 50519 of the Health and Safety Code. "Innkeeper"means the owner or operator of a hotel, or the duly authorized agentor employee of the owner or operator. (b) For purposes of this section, "guest" means, and isspecifically limited to, an occupant of a hotel whose occupancy isexempt, pursuant to subdivision (b) of Section 1940, from Chapter 2(commencing with Section 1940) of Title 5 of Part 4 of Division 3. (c) In addition to, and not in derogation of, any other provisionof law, every innkeeper shall have the right to evict a guest in themanner specified in this subdivision if the guest refuses orotherwise fails to fully depart the guest room at or before theinnkeeper's posted checkout time on the date agreed to by the guest,but only if both of the following conditions are met: (1) If the guest is provided written notice, at the time that heor she was received and provided accommodations by the innkeeper,that the innkeeper needs that guest's room to accommodate an arrivingperson with a contractual right thereto, and that if the guest failsto fully depart at the time agreed to the innkeeper may enter theguest's guest room, take possession of the guest's property, re-keythe door to the guest room, and make the guest room available to anew guest. The written notice shall be signed by the guest. (2) At the time that the innkeeper actually undertakes to evictthe guest as specified in this subdivision, the innkeeper in fact hasa contractual obligation to provide the guest room to an arrivingperson. In the above cases, the innkeeper may enter the guest's guestroom, take possession of the guest's property, re-key the door to theguest room, and make the guest room available to a new guest. Theevicted guest shall be entitled to immediate possession of his or herproperty upon request therefor, subject to the rights of theinnkeeper pursuant to Sections 1861 to 1861.28, inclusive. (d) As pertains to a minor, the rights of an innkeeper include,but are not limited to, the following: (1) Where a minor unaccompanied by an adult seeks accommodations,the innkeeper may require a parent or guardian of the minor, oranother responsible adult, to assume, in writing, full liability forany and all proper charges and other obligations incurred by theminor for accommodations, food and beverages, and other servicesprovided by or through the innkeeper, as well as for any and allinjuries or damage caused by the minor to any person or property. (2) Where a minor is accompanied by an adult, the innkeeper mayrequire the adult to agree, in writing, not to leave any minor 12years of age or younger unattended on the innkeeper's premises at anytime during their stay, and to control the minor's behavior duringtheir stay so as to preserve the peace and quiet of the innkeeper'sother guests and to prevent any injury to any person and damage toany property.1866.  (a) For purposes of this section, the following definitionsapply: (1) "Camping cabin" has the same meaning as in Section 18862.5 ofthe Health and Safety Code. (2) "Campsite" has the same meaning as in Section 18862.9 of theHealth and Safety Code. (3) "Guest" is interchangeable with "occupant" and has the samemeaning as used in Chapter 2.6 (commencing with Section 799.20) ofTitle 2 of Part 2 of Division 1. (4) "Lot" has the same meaning as in Section 18862.23 of theHealth and Safety Code. (5) "Motor vehicle" has the same meaning as in Section 415 of theVehicle Code. (6) "Occupant" is interchangeable with "guest" and has the samemeaning as used in Chapter 2.6 (commencing with Section 799.20) ofTitle 2 of Part 2 of Division 1. (7) "Park trailer" has the same meaning as in Section 18009.3 ofthe Health and Safety Code. (8) "Recreational vehicle" has the same meaning as in Section18010 of the Health and Safety Code. (9) "Site" means the campsite, camping cabin, lot, or rental unit. (10) "Special occupancy park" has the same meaning as in Section18862.43 of the Health and Safety Code. (11) "Tent" has the same meaning as in Section 18862.49 of theHealth and Safety Code. (b) (1) Notwithstanding any other provision of law, the parkmanagement of a special occupancy park shall have the right to evicta guest if the guest refuses or otherwise fails to fully depart fromthe campsite, camping cabin, lot, or other rental unit at the parkmanagement's posted checkout time on the date agreed to by the guest,but only if the following conditions are met: (A) The guest is provided with written notice, at the time that heor she was provided accommodations by the park management, that thepark management needs that guest's campsite, camping cabin, lot, orrental unit to accommodate an arriving person with a contractualright thereto, and that if the guest fails to fully depart at thetime agreed to, the park management may take possession of the guest's property left in the site, subject to the limits of paragraph (2),including any tent, park trailer, or recreational vehicle, and makethe campsite, camping cabin, lot, or rental unit available to newguests. The written notice shall be signed by the guest. (B) (i) At the time that the park management actually undertakesto evict the guest as specified in this subdivision, the parkmanagement has a contractual obligation to provide the guest'scampsite, camping cabin, lot, or rental unit to an arriving personand there are no other substantially similar campsites, campingcabins, lots, or rental units available for the arriving person. (ii) Subject to the same requirements described in subparagraph(i), a guest may be provided with the notice described insubparagraph (A) subsequent to the time he or she was providedaccommodations by park management, if the notice is provided at least24 hours prior to the guest's scheduled checkout time. If parkmanagement provides a notice under this subparagraph in bad faith orwith the knowledge that the contractual obligation is not a bona fideobligation, it shall be liable to the evicted guest for actualdamages, plus a civil penalty of two hundred fifty dollars ($250). (C) At the time that the park management actually undertakes toevict the guest as specified in this subdivision, the park managementoffers another campsite, camping cabin, lot, or rental unit to theguest, if one is available. (2) In addition to the requirements of paragraph (1), in order formanagement to remove a recreational vehicle or motor vehicle, thepark management shall do all of the following: (A) Management shall have an oral, face-to-face communication withthe registered guest after the guest has held over that does all ofthe following: (i) Alerts the guest that he or she is in violation of the termsof the reservation because he or she has failed to depart the site atthe agreed-upon time. (ii) Reminds the guest that failure to remove a recreationalvehicle, motor vehicle, or any other property from the space withintwo hours may result in the park management removing the recreationalvehicle, motor vehicle, or any other property. (iii) Discloses that the cost of towing a recreational vehicle ormotor vehicle is substantial and that these costs will be incurred bythe guest. (iv) Identifies another location in the park to which the guestmay temporarily move his or her recreational vehicle or motorvehicle. (B) The park management gives the guest two hours after the parkmanagement has communicated with the guest, pursuant to subparagraph(A), to remove the guest's recreational vehicle, motor vehicle, orother property from the site. (c) Except as provided in subdivision (f), if the conditionsspecified in subdivision (b) are met, the park management may takepossession of the guest's property left at the site and have theguest's recreational vehicle or motor vehicle towed from the specialoccupancy park and make the guest's campsite, camping cabin, lot, orrental unit available to a new guest. Park management may enter acampsite, camping cabin, park trailer, lot, or rental unit owned bythe park management to take possession of the guest's possessions.The evicted guest shall be entitled to immediate possession of his orher property upon request, subject to the enforcement rights of thepark management, which are the same as those accorded to a hotel,motel, inn, boarding house, or lodging housekeeper, pursuant toSections 1861 to 1861.28, inclusive. If a guest's recreationalvehicle or motor vehicle has been towed from the premises, the guestshall be entitled to immediate possession of his or her vehicle uponrequest, subject to the conditions of the towing company. (d) When the park management moves or causes the removal of aguest's recreational vehicle, motor vehicle, or other property, themanagement and the individual or entity that removes the recreationalvehicle, motor vehicle, or other property shall exercise reasonableand ordinary care in removing the recreational vehicle, motorvehicle, or other property. (e) This section does not apply to a manufactured home, as definedin Section 18007 of the Health and Safety Code, or a mobilehome, asdefined in Section 18008 of the Health and Safety Code. (f) In the event that a guest is incapable of removing his or herrecreational vehicle or motor vehicle from the lot because of: (1) aphysical incapacity, (2) the recreational vehicle or motor vehicle isnot motorized and cannot be moved by the guest's vehicle, or (3) therecreational vehicle or motor vehicle is inoperable due tomechanical difficulties, the guest shall be provided with 72 hours inwhich to remove the vehicle. If the guest has not removed thevehicle within 72 hours, park management may remove the vehiclewithout further notice. (g) As pertains to a minor, the rights of guests include, but arenot limited to, the following: (1) If a minor who is unaccompanied by an adult seeksaccommodations, the park management may require a parent or guardianof the minor, or another responsible adult, to assume, in writing,full liability for any and all proper charges and other obligationsincurred by the minor for accommodations, food and beverages, andother services provided by or through the park management, as well asfor any and all injuries or damage caused by the minor to any personor property. (2) If a minor is accompanied by an adult, the park management mayrequire the adult to agree, in writing, not to leave any minor 12years of age or younger unattended on the park management's premisesat any time during their stay, and to control the minor's behaviorduring their stay so as to preserve the peace and quiet of the otherguests and to prevent any injury to any person and damage to anyproperty.1867.  (a) The park management of a special occupancy park mayrequire a guest to move from a space in the special occupancy park toa different space in the special occupancy park if an imminentdanger is present, as determined by the park management. If possible,the park management shall offer to return the guest to his or heroriginal space once the park management has determined that theimminent danger is removed or resolved. (b) For purposes of this section, the following definitions apply: (1) "Imminent danger" means a danger that poses an immediate andlikely risk to the health or safety of a guest or guests in thespecial occupancy park. (2) "Space" means any of the following: (A) "Camping cabin," as defined in Section 18862.5 of the Healthand Safety Code. (B) "Campsite," as defined in Section 18862.9 of the Health andSafety Code. (C) "Lot," as defined in Section 18862.23 of the Health and SafetyCode, or other rental unit. (3) "Special occupancy park" has the same meaning as in Section18862.43 of the Health and Safety Code.