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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:
(Updated April 8, 2009)
Plaintiffs today filed their Appellants' Opening Brief with the Court
of Appeal. In the appeal, we have asked the Court of Appeal to
review Judge Hayes' ruling after trial—a trial meant to decide the
amounts owed by the City of San Diego due to its violations of State
law. More specifically, we asked the Court of Appeal to find that
the superior court erroneously: (a) excluded compensation for the loss
of one's home upon park closure from the relocation benefits required
by the State's Mobilehome Residency Law, (b) terminated causes of
action under the California Relocation Assistance Law, for inverse condemnation,
and under the California Constitution, (c) eliminated two subclasses
of displaced persons from the class action, and (d) denied a jury trial
on issues of actual damages recoverable by Plaintiffs.
The next step
in the appellate process will be coming from the City of San Diego.
The City's response is due in the Court of Appeal on May 11, but
that deadline is commonly extended. 30 days after the City's
responsive brief, Plaintiffs have the opportunity to file their Reply
Brief. At that point, the appeal is deemed submitted and the Court
of Appeal will inform us when it plans to hold a hearing. Depending
on the Court of Appeal's caseload, our hearing date probably will
not occur until near the end of 2009.
