Griffith

Griffith v. County of Santa Cruz

Good Law
2000 Cal. App. LEXIS 293·2000 Daily Journal DAR 4021·79 Cal. App. 4th 1318·94 Cal. Rptr. 2d 801·2000 Cal. Daily Op. Serv. 2998
Court of Appeal of CaliforniaApril 18, 2000H019474California1,359 words

Opinion

Opinion

Premo, J.

Following an administrative ruling that he had violated defendant County of Santa Cruz’s rent control ordinance by eliminating garbage service without a commensurate reduction in rent, plaintiff Harold Griffith challenged the decision via a petition for a writ of mandate. The first amended petition urges that the ordinance is preempted by or is inconsistent with state law provisions prohibiting commercial rent control and regulating mobilehome parks. The trial court disagreed. On appeal, plaintiff reiterates his arguments. We disagree and affirm the judgment.

Background

Plaintiff owns the Willows Resort, a 45-site residential community having a few permanent cabins and a mix of mobilehome, recreational-vehicle, and travel-trailer sites. Seventeen to 20 sites constitute a discrete subset of the resort: they are mobilehome or recreational-vehicle sites that are occupied by persons who have been residents for a continuous nine months or more.

Plaintiff eliminated central garbage collection service and advised the residents to obtain individual service. But he did not offer a rent reduction to compensate. Several residents of the subset, including intervener John…

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