Escondido

The trial court granted a judgment on the pleadings, declaring certain ordinances of the City of Escondido (the City) to be facially valid, in the City’s complaint in intervention in an underlying action between plaintiff Mobilepark West Homeowners Association (the residents) against their landlord, Escondido Mobilepark West and Charles E. Jacobson (the owners). The owners have appealed this judgment on the pleadings, contending that the ordinances (Nos. 91-19 & 88-50), which the City characterizes as clarification and implementation of a voter initiative measure establishing rent control in the City (commonly known as Proposition K, section 29-101 et seq. of the City Municipal Code), were actually invalid legislative amendments of the initiative measure. (Elec. Code, former § 4013, now renumbered to § 9217.) The owners also contend the ordinances invaded an area preempted by state law. (Civ. Code, § 798.17.)

We agree with the owners that ordinance No. 91-19 was an improper legislative amendment of Proposition K and is thus facially invalid. We further agree with the owners that as to existing homeowners, ordinance No. 91-19 is preempted by Civil Code section 798.17…