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SURF AND SAND, LLC v. CITY OF CAPITOLA

No. C 09-5542 RS.

717 F.Supp.2d 934 (2010)

SURF AND SAND, LLC, Plaintiff, v. CITY OF CAPITOLA, et al., Defendants.

United States District Court, N.D. California, San Jose Division.

June 9, 2010.

Attorney(s) appearing for the Case

Robert S. Coldren, Beau Michael Chung, C. William Dahlin, Mark D. Alpert, Hart, King & Coldren a Professional Law Corporation, Santa Ana, CA, for Plaintiff.

Donald Rumsey Lincoln, Henry E. Heater, Linda Bonnie Reich, Endeman, Lincoln, Turek & Heater LLP, San Diego, CA, John G. Barisone, Atchison, Barisone, Condotti & Kovacevich, Santa Cruz, CA, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS

RICHARD SEEBORG, District Judge.

I. INTRODUCTION

The residents of a typical mobile home park own their homes but lease the spaces on which the homes sit. Because the cost of relocating a mobile home generally makes it economically unfeasible to do so, rising space rental rates pose a particular threat to mobile home owners. California municipalities have attempted to minimize that threat...

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