# 1341909, Jessica Freeman v. Vista de Santa Barbara Associates, filed 2/09/10

Plaintiff’s Attorneys: Martin P. Cohn, James P. Ballantine, Raymond W. Rengo & John R. DeLoreto

Verdict: Declaratory relief for Plaintiff with $12,934.00 restitution     Court trial Dept. 3

Plaintiff leased a mobile home space in Carpinteria at Defendant’s park for an initial rate of $464.00 starting in 2004. Plaintiff did not use the mobile home as her principal place of residence. Defendant revised park rules in 2007 to include new regulations regarding rent raises.  Defendant gave notice of the changes including notice of a meet and confer meeting for all residents regarding the changes. Plaintiff received the notices but she did not attend the meeting, and did not receive any notice of final decisions following the meet and confer meeting.  Defendant then gave notice to Plaintiff of intention to raise her rent to $916.00 per month based on Civil code sections 827 and 798 et seq., and portions of the lease agreement.  Defendants claimed the rent increase was valid because Plaintiff did not claim the mobile home as her principal place of residence, it was not listed for sale, and she was not sub-leasing the home. Defendant maintained the rent increase was exempt under state law and the City of Carpinteria rent control ordinance.  Plaintiff sued for declaratory relief, injunctive relief, restitution, treble and punitive damages and civil penalties, claiming the rent increase violated state law and the local rent control ordinance. Court granted Plaintiff declaratory relief and awarded restitution for excess rent paid while denying injunctive relief and all other damage claims.  Court found Plaintiff’s space was not exempt from the City’s rent control ordinance and the amendments to the park rules by Defendant violated state laws.

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