’28 Day Shuffle’ Is Illegal, Class Claims

SANTA ANA, CALIF. (CN) - The Evergreen Royalle, a residency hotel in Anaheim, forces tenants to check out for one day a month, to duck its legal obligations to them, a class action claims in Superior Court. But this "28 Day Shuffle" is itself prohibited by consumer law, claims the class, estimated at 500 people.

California's Civil Code § 1940 excludes from its consumer protections people with "transient occupancy." To curb just such an abuse, the Legislature enacted Civil Code § 1940.1, which prohibits the 28 Day Shuffle. Violations are punishable by a fine of $500. The named plaintiff says she was evicted for a day nine times in 9 months.

Plaintiffs demand penalties, compensatory damages and costs. They are represented by Jeffrey Wilens with the Lakeshore Law Center of Yorba Linda.

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