December 5, 2010

Summary of December 1, 2010 conference report for civil cases

The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on Wednesday, December 1, 2010. The summary includes those civil cases in which (1) review has been granted (not including grant-and-transfers), (2) review has been denied but one or more justices has voted for review, (3) the Court has ordered depublished an opinion of the Court of Appeal, or (4) the Court has denied a Court of Appeal’s publication request.

Review Granted

Pacific Palisades Bowl Mobile Estates v. City of Los Angeles, S187243—Review Granted—December 1, 2010

This is an action by a mobile home park owner against a city challenging the city’s denial of the owner’s application for conversion of its park to resident ownership. The issues presented are (1) whether the Mello Act (Gov. Code, §§ 65590, 65590.1) and the California Coastal Act of 1976 (Pub. Resources Code, § 30000 et seq.) apply to the conversion of a mobile home park to resident ownership if the park is located within the coastal zone, and (2) whether the limits imposed by Government Code section 66427.5 on the scope of a hearing on an application for conversion of such a mobile home park to resident ownership prohibit a local authority from requiring compliance with the Mello Act and the California Coastal Act when the mobile home park is located within the coastal zone.

The Court of Appeal, Second District, Division Four, held in a published decision, Pacific Palisades Bowl Mobile Estates, LLC v. City of Los Angeles (2010) 187 Cal.App.4th 1461, that (1) the city’s failure to maintain a checklist of all requirements specifically governing approval of an application for conversion of mobile home park to resident ownership does not violate the Permit Streamlining Act, and (2) the portion of the Labor Code limiting the government’s discretion to convert mobile home parks to resident ownership does not preclude a city from requiring a park owner seeking conversion to comply with the Mello Act and Coastal Act.

Review Denied (with dissenting justices)

None.

Depublished

None.

Court of Appeal Publication Request Denied

None.

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