New CA Real Property Case

Uncategorized Dec 20, 2022
 

To do the best job possible as a mediator, arbitrator and referee, I review and summarize every new published California civil case. In this blog post, I discuss a new civil case that was published last month. 


Property Owner Rights Regarding Short-Term Rentals

Does a property owner have a vested right to offer short-term rentals when a city changes its short-term rental policies? Last month, the Sixth District Court of Appeal published a decision addressing this issue. To find out what they decided, watch the video above and read my summary of the case below. 

New CA Real Property Decision  

Hobbs v. City of Pacific Grove (2022) _ Cal.App.5th _, 2022 WL 16921175: The Court of Appeal affirmed the trial court’s order denying plaintiffs’ motion for summary judgment as to their second claim alleging that defendant city’s Ordinance No. 18-005 violated plaintiffs’ right to due process by arbitrarily limiting the number of homes that could be offered as short-term rentals and by subjecting them to random selection for nonrenewal of licensure. Although the two plaintiffs no longer had standing, the Court of Appeal retained jurisdiction to decide the issue because the case presented an issue of substantial and continuing public interest that was capable of repetition. The Court of Appeal concluded the plaintiffs failed to establish that their economic interest in renting their vacation homes exclusively for transient visitors was an entitlement subject to state or federal constitutional protection as a matter of law. To the extent they asserted a “vested right” in that particular economic use of their real property, they established neither right—beyond the expressly defined terms of their license—nor vesting on the record. Nor did they establish that defendant’s curtailment of short-term rental licenses was so unrelated to legitimate state interests that it could be said to infringe on substantive due process. (C.A. 6th, filed October 14, 2022, published November 14, 2022.) 


Mediation, Arbitration and Referee Services

I help attorneys and their clients throughout California serving as a mediator, arbitrator and referee at ADR Services, Inc., handling business, commercial, employment, insurance bad faith, insurance coverage, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death cases. I'm an expert in new California civil case law and using Zoom. I've been a California civil trial lawyer since 1980 and a member of ABOTA since 1995. I've represented both plaintiffs and defendants in a wide variety of civil cases including the areas listed above. To schedule a new matter, please contact my case manager at ADR services, Ins., Haward Cho, [email protected], (213) 683-1600.  


California Case Summaries™

Since 2012, I've helped California lawyers easily keep up with the new case law in their practice areas by publishing California Case Summaries™ with one paragraph summaries, organized by legal topic, of every new CA civil case published in monthly, quarterly and annual subscription editions. December is a great time to subscribe to one of my annual publications because you'll get all of my 2021 summaries now, and in early January you'll get all of my 2022 summaries. That's a great two-for-one deal! 
 
Join Our Email List: To get my free summaries of the 22 new civil cases published by the California Supreme Court in 2021, click here. 
 


Until my next blog post, stay safe and healthy.


Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
California Case Summaries™
Master Lawyer Mentoring™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]

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