Stardust Mobile Estates, LLC v. City of San Buenaventura

Good Law
147 Cal. App. 4th 1170·2007 Cal. App. LEXIS 231·2007 Daily Journal DAR 2447·55 Cal. Rptr. 3d 218·2007 Cal. Daily Op. Serv. 1955
Court of Appeal of CaliforniaFebruary 22, 2007B186454California6,786 words

Opinion

Opinion

Coffee, J.

Stardust Mobile Estates, LLC (Stardust), appeals from an order and judgment substantially denying its petition for writ of mandate concerning the application of the City of San Buenaventura (City) mobile-home rent control ordinance by the City Rent Review Board (Rent Board). Stardust asserts that the trial court erred by: (1) upholding the Rent Board’s use of a formula with a partial inflation index to determine the allowable rental increase; (2) upholding the Rent Board’s denial of a base year rental adjustment; (3) dismissing Stardust’s claims that the application of the rent control ordinance violated its constitutional right to be compensated for the taking of its property; and (4) denying Stardust procedural due process. With respect to the denial of a base year rental adjustment, we remand this case to the trial court to determine whether the Rent Board should reconsider the requested base year rental adjustment after providing Stardust the opportunity to make an offer of proof. In all other respects, we affirm the judgment.

Factual and Procedural Background

In 1968, Stardust purchased Stardust Mobile Home Estates (Park). The 125-space Park is located in the…

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