Thomsen

Reading terms into Proposition K which are not there, the majority opinion upholds a preliminary injunction which restrains the City of Escondido (the City) from prohibiting a park owner’s raising the rent for a *898 mobilehome park space when a coach changes hands. Because applying Proposition K precisely as written leads to just the opposite result, I would reverse the order granting a preliminary injunction.

The preliminary injunction is based on the theory the City was attempting to regulate activities assertedly not covered by the language of Proposition K. (MacLeod v. City of Los Altos (1960) 182 Cal.App.2d 364, 369 [ 6 Cal.Rptr. 326 ].) Although the standard of review for an order granting preliminary injunction is generally whether the trial court committed an abuse of discretion, the “likelihood of the plaintiff ultimately prevailing on the merits of the lawsuit occasionally ‘depends upon a question of pure law rather than upon evidence to be introduced at a subsequent full trial. ... If such a question of pure law is presented, it can sometimes be determinative over the other factor [(balancing the interim harm to the parties)], for example, when the defendant shows…

This case involves the interpretation of an initiative measure establishing mobilehome park space rent review in Escondido (Proposition K; codified in section 29-101 et seq. of the City of Escondido's Municipal Code) (the ordinance). Escondido officials (the City) interpreted the ordinance as regulating the amount of rent this mobilehome park owner, plaintiff and respondent Bart Thomsen, could charge prospective purchasers of existing coaches in his park. Thomsen disagreed, asserting the ordinance did not limit his right to negotiate mutually agreeable rents with prospective purchasers, and brought an action seeking injunctive relief to prevent the City from enforcing the ordinance in situations involving prospective purchasers. In effect, he contends the ordinance does not provide that the rents to be charged to incoming tenants upon sale or transfer of a mobilehome must be maintained at the levels currently charged to current tenants (i.e., the ordinance does not provide for "vacancy control").

The superior court agreed with Thomsen and enjoined the City from applying the ordinance to preclude mobilehome park owners from charging prospective purchasers…

*887 Opinion

This case involves the interpretation of an initiative measure establishing mobilehome park space rent review in Escondido (Proposition K; codified in section 29-101 et seq. of the City of Escondido’s Municipal Code) (the ordinance). Escondido officials (the City) interpreted the ordinance as regulating the amount of rent this mobilehome park owner, plaintiff and respondent Bart Thomsen, could charge prospective purchasers of existing coaches in his park. Thomsen disagreed, asserting the ordinance did not limit his right to negotiate mutually agreeable rents with prospective purchasers, and brought an action seeking injunctive relief to prevent the City from enforcing the ordinance in situations involving prospective purchasers. In effect, he contends the ordinance does not provide that the rents to be charged to incoming tenants upon sale or transfer of a mobilehome must be maintained at the levels currently charged to current tenants (i.e., the ordinance does not provide for “vacancy control”).

The superior court agreed with Thomsen and enjoined the City from applying the ordinance to preclude mobilehome park owners from charging prospective purchasers rents…