De Anza Cove Homeowners Association Inc., et al. v. City of San Diego, et al.
Published: Feb. 21, 2015 | Result Date: Oct. 16, 2014 | Filing Date: Jan. 1, 1900 |Case number: GIC821191 Settlement – $22,000,000
Court
San Diego Superior
Attorneys
Plaintiff
Karen R. Frostrom
(Thorsnes Bartolotta McGuire LLP)
Vincent J. Bartolotta Jr.
(Thorsnes Bartolotta McGuire LLP)
Peter A. Zamoyski
(Goode Hemme APC)
Defendant
William M. Rathbone
(Gordon Rees Scully Mansukani)
Timothy K Branson
(Gordon & Rees)
Facts
Plaintiff filed a lawsuit the City of San Diego relating to the closure of a mobile home park on public park land.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that in 2003, the City of San Diego attempted to end the use of certain land as a mobile home park without providing the residents of the mobile home park any relocation assistance or other compensation.
DEFENDANTS' CONTENTIONS:
The city argued that the residents of the mobile home park were not entitled to relocation assistance because in 1982 they were given a 20 year reprieve for continued residential use of the land, which was not a proper public use pursuant to certain trust provisions that the lands were subject to. The city further argued that the residents all signed long-term leases and agreed to vacate the property in 2003 without compensation.
Result
After the court held that the city must pay the residents relocation assistance, a bench trial was held and the court then entered an amended judgment on Oct. 16, 2014. Pursuant to the judgment, the city was required to pay various monies amounting to approximately $22 million in mitigation for closing the park. The judgment included, in part, payments to reimburse mobile homeowners the cost to relocate the mobile home and an appurtenance allowance, or if relocating the mobile home was not practical, a 48-month rent differential and a moving expenses allowance. The payment by the city also included temporary lodging payments. The city was also enjoined from a number of actions, including closing the park without fully complying with the orders of the court and the terms of the judgment.
Other Information
After entry of judgment, the city publicly offered to accept the judgment if plaintiff waived its right to appeal. FILING DATE: Nov. 18, 2003.
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