DE ANZA COVE MOBILEHOME PARK

Check here for the most recent news regarding the De Anza Cove Mobilehome Park case against the City.

Most recent news:

Judge Hayes issued a final Statement of Decision recently. Judge Hayes has ordered two special masters to oversee the commissioning of a tenant impact report which was long-ago required by State Law, all of which is to be paid for by the City of San Diego. After the report is completed, the special masters are supposed to make recommendations back to Judge Hayes, who is then expected to enter a final judgment against the City. This whole process could take 3-9 months to complete. The Statement of Decision leaves several questions either unanswered or ambiguously answered. A copy of the Statement of Decision and our clarification requests are available here.

Court issues Tentative Ruling after Class Action trial to determine Relocation Benefits owed by the City of San Diego. (Last updated March 26, 2008)

Earlier in 2007, the San Diego Superior Court agreed with the Plaintiffs—De Anza Cove's homeowners and residents—that the City of San Diego broke the law. The Court ruled that: 1. "De Anza Cove is a mobilehome park and the Mobilehome Residency Law (Civil Code §§ 798 et seq, Gov't Code §§ 65863.7-65863.8) applies in full to De Anza Cove and the City of San Diego"; 2. "The City of San Diego is under a mandatory duty to comply with the Mobilehome Residency Law, including but not limited to Civil Code §798.56(g)-(h) and Gov't Code §65863.7, which regulate closure of De Anza Cove, the timing and content of Notices to residents, and tenant-impact-reporting and relocation assistance requirements"; 3. "The City violated the Mobilehome Residency Law, Civil Code §798.56(g)-(h) and Gov't Code §65863.7 by failing to prepare a tenant impact report and serve lawful Notices that complied with the MRL's timing and content requirements." The Court also denied in whole the City's motion. Click here for a copy of the Court's order.

A bench trial took place before the Hon. Charles R. Hayes in October 2007 and culminated in closing arguments on November 13, 2007. Trial was to determine the relocation assistance and benefits that the City of San Diego owed to De Anza Cove's homeowners and residents due to the City's violations of the Mobilehome Residency Law. On March 10, 2008, Judge Hayes issued a Tentative Decision, which is available for downloading by clicking this link. The Judge's Tentative Decision does not discuss individual dollar amounts but, rather, lays out a potential framework for calculating relocation benefits. Even though, if confirmed, the Judge's decision has the possibility of culminating in a judgment worth multi-millions, everyone reading this is once again cautioned that until a final ruling is issued, this tentative decision is nothing more than, essentially, a "draft" subject to revision. The final ruling could be more favorable, less favorable, or remain the same and any final ruling would then be subject to appeal by the City of San Diego or Plaintiffs. Plaintiffs have requested that the Court finalize the decision based on the evidence presented at trial, which is called Plaintiffs' Request for Statement of Decision and is available for downloading by clicking this link. Both parties will likely file additional briefs and objections before the Court issues a final Statement of Decision.

Click here for historical information.

For more information on this case feel welcome to contact Tim Tatro or Peter Zamoyski.