Judge Katherine Chilton, Case 23STCP00998 2023-05-09 Tentative Ruling

Judge: Katherine Chilton, Case: 23STCP00998, Date: 2023-05-09 Tentative Ruling

Case Number: 23STCP00998 Hearing Date: May 9, 2023 Dept: 25

PROCEEDINGS: PETITION FOR PERMANENT INJUNCTION PURSUANT TO CIVIL CODE SECTION 798.88

MOVING PARTY: Petitioner Dennis Eiche, dba Robins Mobile Home Park

RESP. PARTY: Respondents Guadalupe Plasola and Sabino Plasola

PERMANENT INJUNCTION

(Civil Code § 798.88)

TENTATIVE RULING:

For the foregoing reasons, Petitioner Dennis Eiche, dba Robins Mobile Home Park’s Petition for Permanent Injunction is GRANTED. The Court HEREBY ISSUES A PERMANENT INJUNCTION FOR A PERIOD OF THREE YEARS AS SET FORTH HEREIN.

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: Filed as of April 25, 2023 [ ] Late [ ] None

REPLY: Filed as of May 1, 2023 [ ] Late [ ] None

ANALYSIS:

I.Background

On March 29, 2023, Petitioner Dennis Eiche, dba Robins Mobile Home Park (“Petitioner”) filed this Petitioner for Permanent Injunction Pursuant to Civil Code section 798.88 (the “Petition”) against Respondents Sabino Plasola, aka Sabino Plazola (“S. Plasola”) and Guadalupe Plazola, aka Guadalupe Plazola (“G. Plasola”) (collectively “Respondents”). Respondent filed an opposition and Petitioner filed a reply.

II.Legal Standard

The Mobilehome Residency Law (“MRL”) gives management an injunctive relief remedy for violations of “reasonable” park rules and regulations. (Civ. Code, § 798.88.) Management may obtain a restraining order against a continuing or recurring violation of any “reasonable rule or regulation.” (Civ. Code, § 798.88, subd. (b); Rancho Santa Paula Mobilehome Park, Ltd. v. Evans (1994) 26 Cal.App.4th 1139, 1142.) At the time of the hearing, the court shall issue the injunction if it finds by clear and convincing evidence the existence of a continuing or recurring violation of a “reasonable rule or regulation.” (Civ. Code, § 798.88, subd. (d).) The duration of the injunction may not exceed three years. (Civ. Code, § 798.88, subd. (d).)

III.Discussion

The Petitions were properly served on Respondents. (04/18/23 Proofs of Service.)

Respondents currently reside in a mobilehome (the “Mobilehome”) located on Space 9 (the “Premises”) at Robins Mobile Home Park, which is located at 17820 Lakewood Boulevard, Bellflower, California 90706 (the “Park”) and owned by Petitioner. (Pet., ¶¶ 1-2; Allan Decl., ¶ 2.) The only authorized residents at the Premises are Respondents and their son, Jorge Mora, who does not live there. (Pet., ¶ 7, Exh. 1.) The Petition is supported by the declarations of Marjorie Allan, offsite manager for the Park, Helen Kelly, resident of the Park, and Gregory B. Beam, Petitioner’s counsel. (Allan Decl., ¶ 1; Kelly Decl., ¶ 1; Beam Decl., ¶ 1.)

Ms. Allan explains that, as manager of the Park, she is a custodian of the Park’s books and records. (Allan Decl., ¶ 1.) She states that, according to the Park’s business records, Respondents have rented the Premises at the Park since on or about August 1, 2014 and reside in the Mobilehome. (Id., at ¶ 2.) She also states that a copy of the written Rental Agreement (the “Agreement”) is attached to the Petition, which includes an Addendum for Drug Free Housing (the “Drug Free Addendum”) under which Respondents agreed not to allow any drug-related criminal activity to take place at the Premises. (Id., at ¶ 2, Exh. 1.) Further, pursuant to the agreement, Respondents agreed to abide by all the Park’s governing Rules and Regulations (the “Rules”). (Id., at ¶ 2.) The Court notes the attached Agreement, Drug Free Addendum, and Rules are executed by Respondents.

Since at least March 2022, Respondents have been in violation of the Rules and the Agreement. (Pet., ¶ 9.) Petitioner seeks an order enjoining Respondents’ violations of the Rules and Regulations (the “Rules”) and removing Daniel Pasola (“D. Plasola”) and Eric Plasola (“E. Plasola”) and all other unapproved guests from the Mobilehome and Premises. (Pet., ¶¶ 7-8, Exhs. 1 and 2.)

On September 30, 2022, Petitioner’s counsel issued a seven-day notice for violations of the Park’s Rules. (Pet., Exh. 11, Allan Decl., ¶ 5, Beam Decl., ¶ 2.) This first seven-day notice informed Respondents were violating (1) Rules 11., 11.4., 11.9., 11.11a., 11.11.b. and 11.11.c. (allowing D. Plasola to smoke marijuana on the Premises and outside of the Mobilehome ); (2) Rules 5.1., 11.1. and 11.4. (allowing unapproved guests to play loud music and engage in loud behavior after midnight); (3) Rules 5.1, 8.12., 9.6 and 9.8. (parking violations); and (4) Rules 11.2., 11.4. and 11.8. (playing ball in the Park's streets and on another resident's space). (Pet., Exh. 11, Allan Decl., ¶ 5.) Respondents were served with the first seven-day notice on October 1, 2022. (Pet., Exh. 11, Allan Decl., ¶ 5, Beam Decl., ¶ 2.)

Ms. Allan states, while she did not observe any further parking violations by Respondents or any other incident playing sports in the Park’s streets, Respondents failed and refused to comply with the first seven-day notice within seven days after being served. (Pet., Exh. 11, Allan Decl., ¶ 5.) She further states that she received additional complaints from Respondents’ neighbors on October 17 and 19, 2022, concerning the smoking of marijuana and loud noises coming from the Premises late at night. (Allan Decl., ¶ 6.)

On October 19, 2022, Petitioner’s counsel issued another seven-day notice for violations of the Park’s Rules. (Pet., ¶ 12, Allan Decl., ¶ 6, Beam Decl., ¶ 3.) The second and final seven-day notice informed Respondent were violating (1) Rule 5. and the Universal Rule (having unregistered and unapproved guests); (2) Rules 11., 11.4., 11.9., 11.11a., 11.11b. and 11.11.c. (allowing D. Plasola and E. Plasola to smoke marijuana on the Premises and outside of the Mobilehome); and (3) Rules 5.1., 11.1. and 11.4. (allowing unapproved guests to play loud music and engage in loud behavior after midnight). (Pet., ¶ 12, Allan Decl., ¶ 6.) Respondents were served with the second and final seven-day notice on October 20, 2022. (Pet., ¶ 12, Allan Decl., ¶ 6, Beam Decl., ¶ 3.) However, Respondents failed and refused to comply. (Id.)

As of this date of this Petition, Respondents have failed to fully abate or cure the violations of the Park’s Rules. (Pet., ¶ 13, Allan Decl., ¶ 7.) Respondents’ violations of the Rules, unless and until enjoined and restrained by order of this Court, will cause great and irreparable harm to the Park, its homeowners and residents. (Id.)

In opposition, Respondent G. Plasola submits her own declaration. She primarily states that E. Plasola, Respondent’s adult son, has taken the place of Jorge Mora at the Mobilehome and Premises. (G. Plasola Decl., ¶ 6.) She also states Respondents provided a document to the Park’s management about this but no one at the Park notified Respondents that E. Plasola could not be at the Mobilehome and Premises. (Id.) However, G. Plasola did not keep a copy of that document. (Id.)

Having reviewed, the Petition, supporting declarations, Agreement, Rules, opposition, and reply, the Court finds a three-year permanent injunction is warranted.

The Court issues an injunction whereby Respondents are prohibited from/required to perform the following:

1. Ordered to remove D. Plasola, E. Plasola and all other unapproved guests from the Mobilehome and Premises;

3. Prohibited from having any guests stay in the Mobilehome for more than 20 consecutive days or more than thirty days in a calendar year unless the guests apply for residency and are approved as Park residents;

4. Ordered to cease allowing D. Plasola, E. Plasola or anyone else to smoke marijuana outside of the Mobilehome, and prohibited from allowing anyone to smoke marijuana outside of the Mobilehome;

5. Ordered to cease engaging in or allowing any conduct that is in violation of the Drug Free Addendum to the Agreement, and prohibited from engaging in or allowing any conduct that is in violation of the Drug Free Addendum;

6. Ordered to cease allowing D. Plasola, E. Plasola or anyone else to play loud music or engage in any loud or boisterous behavior late at night, and prohibited from allowing anyone to play loud music or engage in any loud or boisterous behavior late at night;

7. Ordered to cease parking in violation of the Park's Rules, and prohibited from allowing any guests to park their vehicles in other than designated guest parking spaces; and

8. Ordered to cease playing any sort of game or sport in the Park's streets or on other residents' spaces in the Park, and prohibited from playing any game or sport in the streets or on any other resident's space in the Park.

IV.Conclusion & Order

Moving party is ordered to give notice.