COM/DGX/oma Date of Issuance 5/7/2010

Decision 10-05-020 May 6, 2010

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Lucas D. Hernandez, Mayela Barroso, Maria Martinez, Trinidad Martinez, Janette Sandoval, Erika Toledo, Marvi Bonilla, Maria Garcia, Guadalupe Ramirez, Martha Amezquita, Socorro Hernandez, Daniel Gonzalez, Hugo Hernandez, Patricia Hernandez, Maria Razo, Aurora Cabral, Gabriel Cabrera, Severo Rosa, Mauricio Frias, Celia Ruiz, Rosa Maria Montellano, Martha Alvarado, Maria Palma, Ruben Zepeda, Adriana Ceja, Jose Meza, Samuel Espinoza, Eva Montellanos, Federico Garcia, Luis Morales, Complainants, vs. Sunbird Mobile Home Park, Hawkeye Asset Management, James Martin and Betty Martin, Defendants.

Case 09-11-019 (Filed November 25, 2009)

DECISION IMPOSING INJUNCTION ON EVICTIONS AND DISCONNECTS,
AND MODIFYING RATES PENDING RESOLUTION OF THIS COMPLAINT

Summary

This decision imposes two injunctive orders on Sunbird Mobilehome Park (Sunbird). First, Sunbird must stop billing for current Tier 3 and Tier 4 water usage at its current Tier 3 and Tier 4 rates and charge for all water usage above the Tier 2 usage level at Tier 2 rates, pending the resolution of this complaint. In addition, pending resolution of this complaint, Sunbird may not use
non-payment of the tenant's water bill as a basis for eviction or disconnection of water service. This temporary injunctive relief will lower rates for customers whose usage exceeds current Tier 2 limits, ensure that past high water bills do not result in eviction or disconnection of water service, and allow for the parties to engage in anticipated mediation.

To avoid prejudicing Sunbird until the reasonableness of its rates is determined, we also direct Sunbird to maintain records that will allow determination of the revenues that are not billed as a result of the requirement that Sunbird charge Tier 2 rates for all water usage above the current Tier 2 usage limit. If this proceeding determines that Sunbird has collected less than a reasonable level of revenues as a result of the required application of Tier 2 rates to Tier 3 and Tier 4 usage, we will consider possible recovery of the lost revenues.