California Court of Appeal

Reset A A Font size: Print

MORGAN v. CITY OF CHINO, E032414

In considering whether to grant a rent increase at plaintiff's mobilehome park, due process and defendant's rent control ordinance merely required the city council to take capital improvements into account when determining whether plaintiff's park investment as a whole was yielding a fair return. As plaintiff never provided the requisite evidence to calculate her overall rate of return, her requested rent increase was properly rejected by city council. Trial court erred in concluding that due process required granting rent increase sufficient to allow plaintiff to both recoup the cost of and earn a fair return on the capital improvement. Judgment reversed.

Appellate Information

  • Decided 02/20/2004
  • Published 02/20/2004

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  •  Pollak, Vida & Fisher, Girard Fisher and Daniel P. Barer, Los Angeles, for Defendant and Appellant., Law Offices of Richard Pech and Richard Pech, Santa Monica, for Plaintiff and Respondent.
Copied to clipboard