Wise

Wise v. City of Escondido CA4/1

Good Law
Court of Appeal of CaliforniaJune 21, 2016D068806California6,782 words

Opinion

Opinion

Irion, J.

I.

FACTUAL AND PROCEDURAL BACKGROUND

The Park was built in 1977 and is located in the City. It consists of

mobilehome spaces and various amenities, including a large clubhouse and a swimming

pool.

From January 2006 to December 2010, all of the spaces at the Park were subject to

five-year, long-term leases, which allowed for an annual rent increase of 75 percent of the

Amicorp was erroneously identified in the caption of the complaint and writ of mandate as Americorp Enterprises, Inc. 2 consumer price index (CPI).2 Under Civil Code section 798.17, mobilehome spaces that

are subject to leases for a term in excess of 12 months and that meet other conditions are

exempt from regulation under local rent control ordinances.

The long-term leases expired at the end of 2010. Several tenants decided not to

renew their leases under the terms offered by Amicorp, and therefore those tenants'

spaces became subject to the City's mobilehome rent control ordinance.

On January 3, 2013, Amicorp submitted to the Board3 a long-form application for

a rent increase on the spaces in the Park that were not covered by long-term leases.4 At

the time the Board considered the…

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