Judge: Katherine Chilton, Case: 22STCP03741, Date: 2023-02-14 Tentative Ruling

Case Number: 22STCP03741    Hearing Date: February 14, 2023    Dept: 25

PROCEEDINGS:      PETITION TO DECLARE MOBILEHOME ABANDONED

MOVING PARTY:   Petitioner Greenbrier Estates

RESP. PARTY:         None

PETITION TO DECLARE MOBILEHOME ABANDONED

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner Greenbrier Estates’ unopposed Petition to Declare Mobilehome Abandoned is GRANTED.  Petitioner is awarded $4,896.10 in storage charges.

SERVICE: 

[X] Proof of Service Timely Filed (CRC, rule 3.1300)                 OK

[X] Correct Address (CCP §§ 1013, 1013a)                                                 OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     OK

OPPOSITION:          None filed as of February 8, 2023.                       [   ] Late                      [X] None

REPLY:                     None filed as of February 8, 2023.                       [   ] Late                      [X] None

ANALYSIS:

I.                Background

On October 11, 2022, Petitioner Greenbrier Estates (“Petitioner”) filed the instant Petition to Declare Mobile Home Abandoned (“Petition”) against Respondents Raymond Smith (“Smith”) and First Interstate Bank (“First Interstate”), (collectively, “Respondents”).  Pursuant to Civil Code § 798.61, Petitioner seeks a declaration that the mobilehome located at 21219 Willow Weed Way, Canyon Country, CA 91351, described as 1977 Kingswood, Decal Number ABE6368, Serial No. A1577/B1577 (“Mobilehome”) is abandoned.  (Pet. ¶ 5.)  Petitioner also seeks rent and storage costs, other applicable charges, and attorney’s fees and costs.  (Pet. p. 3.)

No opposition has been filed.  Default was entered against Defendants Smith and First Interstate on December 12, 2022.  (12-12-22 Request for Entry of Default.)

II.              Legal Standard & Discussion

A.    Determination of “Abandoned Mobilehome”—Civ. Code § 798.61(a)(1)

            Pursuant to Civil Code § 798.61(a)(1), an “‘abandoned mobilehome’ means a mobilehome about which all of the following are true:

(A) It is located in a mobilehome park on a site for which no rent has been paid to the management for the preceding 60 days.

(B) It is unoccupied.

(C) A reasonable person would believe it to be abandoned.

(D) It is not permanently affixed to the land.”

            Petitioner submits the declaration of Jayne Crum, property manager for Petitioner Greenbrier Estates located at 21301 Soledad Canyon Road, Canyon Country, CA (“Park”).  (Crum Decl. ¶ 3.)  According to Ms. Crum and the California Department of Housing and Community Development, the agency responsible for licensing and titling mobilehomes, Respondent Smith is the registered owner of the mobilehome located at 21219 Willow Weed Way, Canyon Country, CA 91351, described as 1977 Kingswood, Decal Number ABE6368, Serial No. A1577/B1577.  (Ibid. at ¶ 4, Ex. 2.)  Respondent First Interstate is the legal owner of the Mobilehome.  (Ibid.)

            Ms. Crum explains that to the best of her knowledge and belief, the Mobilehome is unoccupied and was unoccupied prior to August 3, 2022.  (Ibid. at ¶ 7.)  The Mobilehome is not permanently affixed to the space and is located in the Park on a site for which no rent or storage fees have been paid since June 2022, 60 days preceding the posting of a Notice of Belief of Abandonment (“Notice”) on the Mobilehome.  (Ibid. at ¶¶ 7-8.)  On August 3, 2022, the 30-day Notice was posted on the Mobilehome and sent by certified mail to the Respondents.  (Ibid., Ex. 1.)

            The Court finds that the Mobilehome falls within the Civil Code § 798.61’s definition of “abandoned.”

B.    Notice of Belief of Abandonment—Civ. Code § 798.61(b)

Civil Code § 798.61(b) requires:

“After determining a mobilehome in a mobilehome park to be an abandoned mobilehome, the management shall post a notice of belief of abandonment on the mobilehome for not less than 30 days, and shall deposit copies of the notice in the United States mail, postage prepaid, addressed to the homeowner at the last known address and to any known registered owner, if different from the homeowner, and to any known holder of a security interest in the abandoned mobilehome.  This notice shall be mailed by registered or certified mail with a return receipt requested.”

On August 4, 2022, a 30-day Notice of Belief of Abandonment was posted on the Mobilehome.  (Crum Decl., ¶¶ 7-8, Ex. 1; 12-12-22 Proof of Service – Trevillyan Decl. ¶ 2.)  On the same day, the Notice was mailed via certified mail, return receipt requested, to Respondent Smith at 21219 Willow Weed Way #9, Canyon Country, CA 91351, and First Interstate at P.O. Box 5140, Portland, OR 97208, addresses indicated on the Title Search.  (Crum Decl. ¶¶ 4, 8, Ex. 2; 12-12-22 Proof of Service – Trevillyan Decl. ¶¶ 2-3, pp. 3-4.)  The envelope sent to Respondent Smith was returned as undeliverable.  (12-12-22 Proof of Service – Trevillyan Decl. p. 3.)  The return receipt for Respondent First Interstate indicates that Respondent received the Notice on August 8, 2022.  (Ibid. at p. 4.)

The Court finds that Petitioner has satisfied the requirements of § 798.61(b).

C.    Petition for Judicial Declaration—Civ. Code § 798.61(c)

Civil Code § 798.61(c)(1) states:

“Thirty or more days following posting pursuant to subdivision (b), the management may file a petition in the superior court in the county in which the mobilehome park is located, for a judicial declaration of abandonment of the mobilehome. A proceeding under this subdivision is a limited civil case. Copies of the petition shall be served upon the homeowner, any known registered owner, and any known person having a lien or security interest of record in the mobilehome by posting a copy on the mobilehome and mailing copies to those persons at their last known addresses by registered or certified mail with a return receipt requested in the United States mail, postage prepaid.” 

On October 11, 2022, Petitioner filed the instant Petition.  Petitioner has submitted proof that a copy of the Petition was served on Respondent Smith by posting a copy of the Petition at 21219 Willow Weed Way, Canyon County, CA 91351, on October 15, 2022, and mailing the Petition to the same address via certified mail, return receipt requested.  (12-12-22 Proof of Service by Posting.)  The envelope sent to Respondent Smith was returned as undeliverable.  (Ibid. at p. 3.)  Additionally, Respondent First Interstate was served by posting the Petition at 21219 Willow Weed Way, Canyon County, CA 91351, on October 15, 2022, and mailing the Petition to P.O. Box 5140, Portland, OR 97208, with return receipt requested.  (12-12-22 Proof of Service by Posting.)  The return receipt for Respondent First Interstate indicates that Respondent received the Petition on October 19, 2022.  (Ibid. at p. 2.)

            The Court finds the service requirements of § 798.61(c) have been satisfied.

D.    Charges, Attorney’s Fees, and Costs

Civil Code section 798.61(d)(2) states:

“If, at the hearing, the petitioner shows by a preponderance of the evidence that the criteria for an abandoned mobilehome has been satisfied and no party establishes an interest therein at the hearing and tenders all past due rent and other charges, the court shall enter a judgment of abandonment, determine the amount of charges to which the petitioner is entitled, and award attorney's fees and costs to the petitioner.”

            Petitioner seeks monthly storage charges of $979.22 for five (5) months, from July 1, 2022, through November 1, 2022.  (Crum Decl. ¶ 9, Ex. 3.)  The monthly charge is calculated based on the amount of rent Respondent was paying for the space at the time the Mobilehome was abandoned.  (Ibid.)  Petitioner argues that the amount requested is reasonable because a similarly sized mobilehome would incur storage charges of $41.50 per day in the City of Los Angles, totaling $1,245 per month.  (Ibid. at ¶ 10.)  The total amount of storage charges from July 1, 2022, through November 1, 2022, is calculated at $4,896.10.  (Ibid. at ¶ 11.)  In the Proposed Judgment, Petitioner seeks additional costs in the amount of $225 and states that it is not seeking damages or attorney’s fees.  (12-12-22 Proposed Judgment.)  Petitioner, however, has not provided support for the $225.00 in costs so the Court cannot award costs at this time.

            The Court finds the storage charges requested to be reasonable.

Petitioner’s request is GRANTED. Petitioner is awarded a total of $4,896.10. 

III.            Conclusion & Order

For the foregoing reasons, Petitioner Greenbrier Estates’ unopposed Petition to Declare Mobilehome Abandoned is GRANTED.  Petitioner is awarded $4,896.10 in storage charges.

Moving party is ordered to give notice.