Robinson

Ed Robinson and Audrey Wilson (residents) appeal from the trial court’s denial of their petition for a writ of administrative mandamus. Residents sought to set aside a decision of the Mobilehome Rent Review Commission (Commission) of the City of Yucaipa (City) allowing a capital improvement rent increase to real party in interest, C. Mouchawar, the owner of Hidden Village Mobile Home Estates (the park).

Residents contend Civil Code section 798.31 preempts the City’s ordinance allowing a rent increase based on capital improvement expense and the interest thereon; the court erred in applying the City’s rules relating to approval of capital improvement rent increases; the trial court used the wrong standard of review; the ordinance allowing an assessment for a capital improvement rent increase is void as against public policy; and the trial court erred in awarding attorney fees to Mouchawar.

Mouchawar has moved to strike residents’ challenge to the award of attorney fees on the ground this court has no jurisdiction to hear the challenge. Residents’ notice of appeal was filed before the award was made, and residents did not file a second notice of appeal to preserve the…