Yee

*1351 Opinion

Plaintiffs in these consolidated cases are all owners of mobilehome parks in Escondido. They ask us to revisit an issue of federal constitutional law we first considered several years ago in Oceanside Mobilehome Park Owners’ Assn. v. City of Oceanside (1984) 157 Cal.App.3d 887 [ 204 Cal.Rptr. 239 ]. In that case we rejected an argument made by an association of park owners that a rent control ordinance constituted a compensable “taking” because tenants were able to realize a premium on the sale of their mobilehomes in a rent controlled park compared with the price similar homes sold for in a nonrent control setting. Plaintiffs urge we reconsider our views relying on a more recent opinion from the Ninth Circuit Court of Appeals which, based on an admittedly lengthier analysis, accepted such an argument. (See Hall v. City of Santa Barbara (9th Cir. 1986) 833 F.2d 1270 .)

While federal circuit court precedent on issues of federal law is certainly entitled to substantial deference, it is not binding. (Rohr Aircraft Corp. v. County of San Diego (1959) 51 Cal.2d 759, 764 [ 336 P.2d 521 ]; see 9 Witkin, Cal. Procedure (3d ed. 1985) Appeal, § 780, p. 751.) We have reviewed…

This appeal is from an order sustaining a demurrer without leave to amend. As such, we are dealing only with the various pleadings and our inquiry is limited to whether, under the facts pleaded in the complaints, as supplemented by any matter that may properly be judicially noticed, the pleadings state facts sufficient to constitute causes of action for a governmental taking. (Banerian v. O’Malley (1974) 42 Cal.App.3d 604, 611 [ 116 Cal.Rptr. 919 ].) The court should not uphold the sustaining of a demurrer without leave to amend if there is a reasonable possibility that a defect in the complaints can be cured by amendment. (Minsky v. City of Los Angeles (1974) 11 Cal.3d 113, 118 [ 113 Cal.Rptr. 102 , 520 P.2d 726 ].)

The majority ignores the procedural posture of these cases and decides a complex issue without the benefit of evidence. It does this by characterizing the consolidated lawsuit as one challenging the constitutionality of the Escondido ordinance on its face. (Maj. opn., ante, p. 1352.) Yet the majority also accurately notes the plaintiffs are alleging it is the combined effect of the application of the ordinance and the state statute which amounts to a compensable…

WIENER, Acting P.J.

Plaintiffs in these consolidated cases are all owners of mobilehome parks in Escondido. They ask us to revisit an issue of federal constitutional law we first considered several years ago in Oceanside Mobilehome Park Owners' Assn. v. City of Oceanside (1984) 157 Cal. App.3d 887 [ 204 Cal. Rptr. 239 ]. In that case we rejected an argument made by an association of park owners that a rent control ordinance constituted a compensable "taking" because tenants were able to realize a premium on the sale of their mobilehomes in a rent controlled park compared with the price similar homes sold for in a nonrent control setting. Plaintiffs urge we reconsider our views relying on a more recent opinion from the Ninth Circuit Court of Appeals which, based on an admittedly lengthier analysis, accepted such an argument. (See Hall v. City of Santa Barbara (9th Cir.1986) 833 F.2d 1270 .)

While federal circuit court precedent on issues of federal law is certainly entitled to substantial deference, it is not binding. ( Rohr Aircraft Corp. v. County of San Diego (1959) 51 Cal.2d 759, 764 [ 336 P.2d 521 ]; see 9 Witkin, Cal.Procedure (3d ed. 1985) Appeal, § 780, p. 751.)…