Judge: Katherine Chilton, Case: 23STCP00009, Date: 2023-05-09 Tentative Ruling

Case Number: 23STCP00009     Hearing Date: May 9, 2023    Dept: 25

PROCEEDINGS:      PETITION FOR DECLARATION OF ABANDONMENT OF A MOBILEHOME  

MOVING PARTY:   Petitioner Belmont Shores Mobile Estates  

RESP. PARTY:          None  

PETITION TO DECLARE MOBILEHOME ABANDONED  

(Civ. Code § 798.61) 

TENTATIVE RULING: 

Petitioner Belmont Shores Mobile Estates’ unopposed Petition to Declare Mobilehome Abandoned is GRANTED.  Petitioner is awarded storage charges in the amount of $18,200.00.  Petitioner’s requests for other applicable charges, court costs, and attorney’s fees are DENIED.

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 May 4, 2023                   [   ] Late                          [X] None 

REPLY:                         None filed as of May 4, 2023                   [   ] Late                          [X] None 

ANALYSIS: 

                I.Background  

On January 3, 2023, Petitioner Belmont Shores Mobile Estates (“Petitioner”) filed the instant Petition to Declare Mobilehome Abandoned (the “Petition”) against Respondent Keith M. Albright (“Respondent”).  Pursuant to Civil Code section 798.61, Petitioner seeks a declaration that Respondent’s mobilehome, 1963 KTTRO, License Plate Number BL4725 (the “Mobilehome”) located at 6228 Emerald Cove Drive, Long Beach, California 90803 (the “Park”) is abandoned as well as storage charges fees. (Pet., ¶¶¿5, 6, Prayer.)  

No opposition was filed. Default was entered against Respondents on March 6, 2023.  

              II.Legal Standard & Discussion  

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

Pursuant to Civil Code, section 798.61, subdivision (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 Sal Ortiz, Regional Manager of the Park. (03/06/23 Ortiz Decl.)  Mr. Ortiz explains that Respondent is the owner of the Mobilehome located at the Park (space 165) for which no space rent or storage has been paid to the management since November 1, 2021. (Id. at ¶¶ 4-6; Exhs. 2 and 3.)  The Mobilehome is currently unoccupied and has been unoccupied prior to November 30, 2022, the date the 30 day Notice of Belief of Abandonment (the “Notice”) was posted on the Mobilehome.  (Id. at ¶¶ 5-6; Exh. 1.)  Further, the Mobilehome is not permanently affixed to the mobilehome space.  (Id. at ¶ 6.)

Based on the foregoing, the Court finds the Mobilehome falls within the Section 798.61 definition of “abandoned.”  

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

Civil Code, section 798.61, subdivision (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.” 
 

Per the Declaration of Ortiz, there are no official records with regards to the Mobilehome  as Exhibit 2 verifies, and the Mobilehome was last registered with the Department of Motor Vehicles as referenced by Exhibit 3.  (03/06/23 Ortiz Decl., ¶ 4; Exhs. 2 and 3.) The Court notes that Exhibit 2 is “DMV Vehicle Registration Information,” which shows no record on file of the Mobilehome license plate BL4725.  On the other hand, Exhibit 3 is missing. Exhibit 3 is a copy of the December 2021 statement, which is meant to be Exhibit 4.

On November 30, 2022, the Notice was posted on the Mobilehome at 6228 Emerald Cove Drive Space 165, Long Beach California, 90803, and mailed via certified mail on the same day. (Id. at ¶¶ 5-6, Exh. 1.)  The Declaration of Ortiz does not provide that the Notice was mailed with a return receipt requested.  However, Petitioner filed a proof of service that the Notice was mailed via certified mail with return receipt requested.  (03/06/23 Proof of Service Notice of Belief of Abandonment.)

Petitioner satisfied the requirements of Section 798.61, subdivision (b).  

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

Civil Code section 798.61, subdivision (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.”   

            Petitioner filed a proof of service that Respondent was served with the Petition and Notice of Case Assign & Hearing, Orders by posting a copy on the Mobilehome and mailing copies by certified mail with a return receipt requested.  (03/06/23 Proof of Service of Petition and Notice of Case Assign & Hearing, Orders.)

The Court finds the service requirements of Section 798.61, subdivision (c), to be satisfied.  

D.             Charges, Attorney’s Fees, and Costs 

Civil Code section 798.61, subdivision (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 in the amount of $1,300.00 owed from December 1, 2021 through February 1, 2023.  (03/06/23 Ortiz Decl., ¶ 7.)  As evidence, Petitioner submits a copy of a billing statement demonstrating Respondent was paying $1,300.00 in rent every month.  (Id., Exh. 4.)  The billing statement is referred to as Exhibit 4 but it appears as Exhibit 3.  Petitioner’s request is GRANTED.  Petitioner is awarded a total of $18,200.00, based on fourteen months of storage charges at $1,300.00 per month.  Also, Petitioner requests other applicable charges, court costs, and attorney’s fees, but Petitioner neither specifies an amount as to any of these requests nor provides a declaration in support.  (Pet., Prayer.)  The Declaration of Ortiz is silent as to these requests.  As Petitioner has not specified or substantiated these requests, the requests are DENIED.  

            III.Conclusion & Order 

For the foregoing reasons, Petitioner Belmont Shores Mobile Estates’ unopposed Petition to Declare Mobilehome Abandoned is GRANTED.  Petitioner is awarded storage charges in the amount of $18,200.00.  Petitioner’s requests for other applicable charges, court costs, and attorney’s fees are DENIED.

Moving party is ordered to give notice.