It ain’t over ’til it’s over.
The city is saying a protracted dispute in the De Anza Cove Homeowners Association resettlement case is all but done.
The mobile home park’s residents, however, say it isn’t and are deriding the city for speaking out during  “confidential negotiations.”
The city announced recently it is offering about $22 million to resolve how much to pay De Anza Cove Mobile Home Park residents to relocate. That’s less than half the $48 million De Anza Cove residents had been seeking, with an additional $7 million earmarked for plaintiff’s attorneys.
“The settlement offer was approved unanimously by the City Council in closed session,” said City Attorney Jan Goldsmith. “If plaintiff appeals the offer, however, it will be withdrawn; the city can cross-appeal and the litigation will continue for years to come.”
In response to the city’s offer, the plaintiffs replied in a statement: “The De Anza Cove homeowners have been in confidential negotiations with the city regarding the city’s obligation under state law to pay these elderly residents the relocation funds they’re owed before taking their homes and closing the park. The city’s admission that it is financially responsible for paying these relocation costs is a positive first step. However, the judgment is not final and does not yet comply with state law on park closure.”
Noting the mediation process by design is meant to be confidential, the plaintiff’s statement added, “In order to allow candid discussions about insurance, the true cost of replacement housing, and the city’s development plans for this ocean-front property, plaintiffs will respect their ethical obligation to honor the confidentiality of these negotiations and will not provide public comment until the judgment is final and an actual agreement is reached.”
Pointing out the ground lease for De Anza expired in 2003, after which De Anza residents filed their lawsuit against the city, Goldsmith said, “The City Council believes it is time to end the lawsuit, provide residents with reasonable compensation and reimbursement of attorney fees as determined by the judge and return this park to the people of San Diego. After 11 years of litigation, there are certainly legal issues that can be appealed on both sides. But, there are times when the lawyers should get out of the way and allow a problem to be solved without more litigation. We think this is one of those times.”
The plaintiffs, in their statement, said they believe the judgment issued by retired judge Charles Hayes in June calling for 48 months of rent differential after requiring residents to move fails to meet the requirements under state law.
“The law requires the park owner to fully mitigate the losses, and 48 months’ rent differential does not do that,” according to the plaintiffs. “Special Master Pappas, who along with experts analyzed the tenant impact, said tenants should be paid 84 months’ differential.”
If the city’s settlement offer is ultimately accepted by mobile home park residents, neither party would appeal and the residents would be required to leave, returning De Anza Cove to the city of San Diego.
 The plaintiffs have said all along that vacating the park is not at issue, but that the fair amount of their compensation for leaving is.
There’s been speculation that the city is interested in seeing the prime De Anza Mobile Home Park site redeveloped as a hotel or recreational facilities.