Biggs v. City of Vallejo

Filed 6/9/06 Biggs v. City of Vallejo CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

Edward F. Biggs, Sr. (Biggs), and Vallejo Mobile Estates (collectively, appellants) appeal from the trial court's denial of their petition for writ of administrative mandamus. In their petition they challenged the decision by City of Vallejo (Vallejo) and City of Vallejo City Council (city council; collectively, city) on Biggs's application for a rent increase. Appellants question city's reliance on an expert's opinion and also its refusal to grant appellants' request for a continuance of the hearing. We conclude that substantial evidence supported city's rent decision and appellants have failed to establish that city abused its discretion in denying their request for a continuance.

BACKGROUND

Purchase of Mobile Home Park and Notice of Increased Rent

On January 9, 2001, Biggs purchased for $6.6 million the Vallejo Mobile Estates (Vallejo mobile park), a 255-space mobile home park located in Vallejo.^[1] The Solano County Tax Assessor reassessed the Vallejo mobile park and increased the permanent property tax by $55,580.42. The tax assessor also issued a supplemental tax assessment of $51,302.89 effective as of the purchase date. In addition, in 2001, Biggs funded the repaving of park streets at a cost of $22,970.

On September 28, 2001, Biggs sent notices of rent increases to the Vallejo mobile park residents seeking the following rent increases: (1) 5.1 percent or the Consumer Price Index (CPI) increase of $15.70 per month per space; (2) a pass-through charge for street resurfacing in the park of $1.32 per month per space for 96 months; (3) a supplemental tax assessment pass-through of $9.64 per month per space for two years; and (4) a $19.89 monthly rent increase to cover a county tax assessment increase. The total rent increase requested was over $40 per month per space. These rent increases were subject to Vallejo's Mobile Home Rent Review Ordinance (ordinance).

The Ordinance

The ordinance, which was enacted in 1982, is codified as Chapter 5.64 of the City of Vallejo Municipal Code (Vallejo Code). Vallejo Code section 5.64.020 states that many senior citizens on fixed income live in the mobile home parks. It further declares that due to the shortage of mobile home spaces there is a need to protect these residents from unreasonable rent increases while recognizing the need of park owners to receive a â€