Judge: Carolyn M. Caietti, Case: 37-2023-00028877-CU-PT-CTL, Date: 2023-08-04 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 03, 2023

08/04/2023  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Petitions - Other Hearing on Petition 37-2023-00028877-CU-PT-CTL PETITION OF MISSION DEL MAGNOLIA PARK LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Petition - Other, 07/10/2023

Petitioner Mission Del Magnolia Park, LLC's Petition for Permanent Injunction Pursuant to Civil Code § 798.88 is GRANTED.

Petitioner served the petition on Respondents. (ROA 10-11.) Respondents did not oppose.

Since 2011, Respondents have been residents of Petitioner's mobilehome park (the Park) at 10800 Woodside Ave., Space 18, Santee, CA 92071 (the Premises) pursuant to a written rental agreement.

The Court finds by clear and convincing evidence the existence of a continuing or recurring violation of a reasonable rule or regulation of the mobilehome park concerning guests (Park Rules 1, 2.a, 2.d), the use of controlled substances and a taser (Park Rules 1, 12, 19; Rental Agreement Crime Free Addendum 1, 2, 3, 5) and parking (Park Rules 1, 9.c, 9.d, 10.b). (ROA 3 – Declaration of Rachel Spinella.) Thus, the petition is GRANTED.

The Court orders a permanent injunction, not to exceed three (3) years. Respondents are: - Ordered to remove all unapproved occupants and subtenants from the premises and the Park and prohibited from allowing any individuals to occupy the premises that have not been approved by the Park; - ordered to cease smoking marijuana outside the mobilehome in the Park and prohibited from smoking marijuana outside of the mobilehome in the Park; - ordered to cease any and all criminal conduct at the premises or anywhere in the park, including, but not limited to, physical assaults or using a taser on anyone in the park and prohibited from engaging in any criminal conduct at the premises or anywhere in the park; - ordered to cease causing disturbances in the park, including but not limited to, playing of loud music, yelling and fighting and prohibited from causing disturbances in the park; - prohibited from parking vehicles anywhere in the park except for the driveway at the premises in accordance with the park's rules; and - ordered to cease driving recklessly in the park and prohibited from driving recklessly in the park.

Petitioner also requests attorney fees and costs. Petitioner is the prevailing party and may seek attorney fees and costs as authorized by law and per court rules.

Petitioner is ordered to prepare and submit a proposed order in accordance with any applicable laws and rules of court.

Calendar No.: Event ID:  TENTATIVE RULINGS

2997665  41 CASE NUMBER: CASE TITLE:  PETITION OF MISSION DEL MAGNOLIA PARK LLC [IMAGED]  37-2023-00028877-CU-PT-CTL Petitioner is reminded to comply with Department 70's Policies and Procedures and to provide courtesy copies of all motion paperwork.

Calendar No.: Event ID:  TENTATIVE RULINGS

2997665  41