Western Mobilehome Assn. v. County of San Diego

Defendant County of San Diego (County) appeals from a judgment in favor of plaintiffs Western Mobilehome Association and its members, John J. Binkinz and Trailrancho Corporation, on their motion for summary judgment (Code Civ. Proc., § 437c).

On December 30, 1969, plaintiffs, as owners of mobilehome parks located in unincorporated areas of San Diego County, filed a complaint seeking declaratory relief and a permanent injunction prohibiting County and its director of public health, Dr. J. B. Askew, from enforcing a County ordinance which establishes annual operating permit fees for mobilehome parks, alleging the ordinance, section 56.107 of the County Code, is unconstitutional and that the field of fee regulation of mobile-home parks is preempted by the Mobilehome Parks Act (Health & Saf. Code, §§ 18200-18700) (hereafter generally referred to- as the Act). The complaint alleged County to be the enforcement agency in San Diego County under the Act.

The court denied County’s motions for summary judgment and judgment on the pleadings and granted plaintiffs’ motion for summary judgment; judgment was entered accordingly.

The judgment declared the ordinance “passed pursuant…