Fernwood Mobile Home Park v. Almeyda

Fernwood Mobile Home Park (Fernwood) (plaintiff) was a mobile-home development in California established in 1970 as an adults-only community. In 1989, federal law required that the park be opened to families with children. Fernwood adopted rules prohibiting virtually all of children’s typical outdoor play activities. Angelina Almeyda purchased a mobile home in Fernwood for herself, her husband, and their three children. Almeyda and her husband (the Almeydas) (defendants) signed Fernwood’s rules and regulations despite the Fernwood manager’s warning that the children would not like living there. Conflict and litigation based on alleged violation of the rules and regulations ensued. Fernwood sued the Almeydas for breach of contract and abatement of nuisance, and the Almeydas cross-complained on theories of negligence and unlawful discrimination against families with children. While ruling on post-trial motions, the judge compared Fernwood to Nazi camps, referred to the owners as “park Nazis,” and commented about how offended he was by the partners’ testimony that they had no idea about the discriminatory practices, likening their testimony to people in Germany saying, “What oven? What Jewish problem? What camps? We smell nothing. This is dust settling on us.” The Almeydas obtained a permanent injunction prohibiting Fernwood from engaging in unlawful discrimination against families with children. Fernwood appealed, arguing in part that judicial bias required reversal of the judgment and remand to a different judge for a new trial.