H.N. & Frances C. Berger Foundation v. City of Escondido

*5 Opinion

The H.N. & Frances C. Berger Foundation (Berger), the owner of a mobilehome park in the City of Escondido (the City), appeals a judgment denying its petition for writ of mandate (Code Civ. Proc., § 1094.5) challenging the adequacy of a $31 rent increase 1 authorized by the City of Escondido Mobilehome Rent Review Board (the Board), and dismissing on summary judgment an accompanying complaint for damages on theories of inverse condemnation and violation of a right to constitutional due process under title 42 United States Code section 1983 . Berger contends the Board’s decision is not supported by substantial evidence, and, specifically, the Board failed to adequately account for inflation as a factor affecting the fair return analysis. We agree the Board’s decision lacks evidentiary support. We reverse the judgment insofar as it concerns the court’s denial of the petition for writ of mandate, and affirm it in all other respects.

FACTUAL AND PROCEDURAL BACKGROUND

In June 1988 the City’s voters approved a mobilehome rent control ordinance (Ordinance; Escondido Mun. Code, § 29-101 et seq.) designating the Escondido City Council as the Board, establishing base rent…