Procedural Background

The complaint was filed on January 14, 2000 and defendants filed timely answers. By ruling on March 17, the assigned Administrative Law Judge (ALJ) directed the parties to brief the Commission's subject matter jurisdiction to adjudicate the dispute and to prepare for a prehearing conference (PHC) to address that preliminary issue, and others as necessary. At the May 10 PHC, after ruling that this complaint is within the Commission's subject matter jurisdiction, ALJ Vieth and Commissioner Wood, the Assigned Commissioner, dealt with various procedural matters. On May 17, Commissioner Wood issued a scoping memo as required by § 1702.1. The scoping memo memorialized the PHC rulings, including the direction to Hambly to file an amended complaint to correct the name of complainant and to substitute defendant Novato for the named Redevelopment Agency.² The scoping memo also identified issues for hearing, set a procedural schedule, and designated ALJ Vieth the presiding officer for this case. Hambly filed a First Amended Complaint on June 2.

On June 30, the Golden State Mobilehome Owners League (GSMOL) moved to intervene in this case. The ALJ granted limited intervention. Thereafter, GSMOL's counsel assumed representation of Hambly, as well, and filed a Notice of Appearance on August 11.

Evidentiary hearing occurred in San Francisco on August 21, 2000, and at the request of the parties was continued to October 19. On October 25, Hambly filed a motion requesting extension of the 12-month deadline for resolution of this case and the Commission granted the extension in Decision (D.) 00-12-025. The parties filed concurrent opening briefs on December 14, 2000. Hambly and Hillsboro filed concurrent reply briefs on January 11; Novato's reply brief was served on January 11, but not filed until January 17, 2001, whereupon this case was submitted for decision.