MHC Financing Limited Partnership Two v. City of Santee

Good Law
107 Cal. Rptr. 3d 87·182 Cal. App. 4th 1169
Court of Appeal of CaliforniaMarch 15, 2010D053345, D054298California8,369 words

Opinion

Opinion

Irion, J.

Appellant MHC Financing Limited Partnership Two (MHC) owns and operates a mobilehome park (the Park) in the City of Santee (the City). This consolidated appeal arises out of two lawsuits concerning the City’s mobilehome rent control ordinances.

The first lawsuit, filed by MHC against the City (the MHC Action), was the subject of a previous appeal in which we remanded to the superior court with directions that it determine whether MHC is entitled to recover damages from the City. (MHC Financing Limited Partnership Two v. City of Santee (2005) 125 Cal.App.4th 1372, 1399 [ 23 Cal.Rptr.3d 622 ] (MHC).) The second lawsuit (the City of Santee Action) involves (1) a complaint filed by the City against MHC, in which it seeks, among other things, restitution on behalf of the Park’s tenants; and (2) a cross-complaint by MHC against the City alleging, among other things, that the City’s mobilehome rent control ordinances constitute an unconstitutional taking of private property and violate the right to substantive due process.

MHC’s appeal in the MHC Action challenges the trial court’s ruling that MHC is not entitled to damages based on the issues that we specified in our remand…

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