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Modification: El Rovia Mobile Home Park, LLC v. City of El Monte

Ruling by

Laurence D. Rubin

Lower Court

Los Angeles County Superior Court

Cities are entitled broad discretion in selecting the base year under rent control.





Court

California Courts of Appeal 2DCA/5

Cite as

2020 DJDAR 4609

Published

May 15, 2020

Filing Date

May 13, 2020

Opinion Type

Modification

Disposition Type

Affirmed


EL ROVIA MOBILE HOME PARK, LLC,

Plaintiff and Appellant,

v.

CITY OF EL MONTE,

Defendant and Respondent.

 

No. B295640

(Los Angeles County

Super. Ct. No. BS172209)

California Courts of Appeal

Second Appellate District

Division Five

Filed May 13, 2020

 

BY THE COURT:

 

It is ordered that the opinion filed herein on April 23, 2020 is modified as follows:

On page 4, in the second full paragraph, delete "MAI," from the sentence, "This study was subsequently undertaken by Dr. Kenneth K. Baar, MAI, a recognized expert on mobilehome park issues." Delete footnote 5 (which states "MAI stands for Member Appraisal Institute, and refers to a professional designation for real estate appraisal") that immediately follows this sentence.

On page 7, renumber footnote 6 as footnote 5.

On page 8, in the first full paragraph, add footnote 6 to the end of the sentence that reads: "The petition included a real estate appraisal report prepared by John Neet, MAI, in which Neet expressed an opinion that the market value of spaces at the Park was $665 per month as of September 10, 2015." Footnote 6 shall read: "MAI stands for Member Appraisal Institute, and refers to a professional designation for real estate appraisal."

There is no change in judgment.

 

 

RUBIN, P. J.

MOOR, J.

KIM, J.

#275272

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