Wise
Wise v. City of Escondido CA4/1
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…