California Court of Appeal

In case arising from defendant-city's two-step plan to divest itself of ownership of a mobilehome park, dismissal pursuant to defendants' demurrer is affirmed over claims that the trial court: 1) erred by finding owners association and members may not maintain promissory estoppel and related claims against the city arising from its alleged breach of oral promises to provide plaintiffs with "a real, true and non-illusory opportunity to purchase" the park at fair market value; and 2) it abused its discretion by denying plaintiffs leave to file a third amended complaint to attach a resolution of the city council in an effort to satisfy the requirement of a written contract.

Appellate Information

• Decided 04/20/2007
• Published 04/20/2007

Judges

• McCONNELL, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Mitchell & Gilleon, James C. Mitchell, San Diego;  and V'Frank Asaro, San Diego, for Plaintiffs and Appellants and for Defendants and Appellants., Stradling Yocca Carlson & Rauth, Douglas J. Evertz and Thomas P. Clark, Jr., Newport Beach, for Defendants and Respondents and Plaintiffs and Respondents City of Poway, Poway Redevelopment Agency, City Counsel of the City of Poway, James L. Bowersox, and Wakeland Housing and Development Corporation., McDougal, Love, Eckis, Smith & Boehmer, El Cajon, and Lisa A. Foster, for Defendants and Respondents and Plaintiffs and Respondents City of Poway and Poway Redevelopment Agency.