Judge: Latrice A. G. Byrdsong, Case: 23STCP00521, Date: 2023-09-28 Tentative Ruling
Case Number: 23STCP00521 Hearing Date: September 28, 2023 Dept: 25
GKL Properties v. Diaz
23STCP00521
ANALYSIS:
I. Background
On February 21, 2023, Petitioner GKL Properties, dba Lamplighter Mobilehome Park (“Petitioner”) filed the instant Verified Petition for Injunctive Relief (“Petition”) against Respondents Leonard Diaz (“Diaz”) and Christine Allocer (“Allocer”), (collectively “Respondents”). The Petition seeks to enjoin Respondents from violating the terms of the Rental Agreement and Petitioner’s Park Rules and Regulations under Civil Code § 798.88. (Pet. p. 1, Prayer.)
Respondent Allocer was personally served with the Notice and Petition on June 1, 2023. (6-2-23 Proof of Service.) Respondent Diaz was served by substituted service with the Notice and Petition on June 1, 2023. (6-2-23 Proof of Service.)
On June 27, 2023, the Court continued the hearing on the Petition to August 9, 2023 and ordered Petitioner to file supplemental papers addressing the Court’s Order. (June 27, Minute Order.)
On August 9, 2023, the Court issued a tentative ruling denying the Petition. The Court continued the hearing date to September 28, 2023 so that it could consider supplemental declarations filed by Plaintiff on August 8, 2023.
No opposition has been filed.
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.) “In accord with City of Oceanside v. McKenna [(1989)] 215 Cal.App.3d 1420, 264 Cal.Rptr. 275, we employ a balancing test to determine the validity of the restriction.” (Rancho Santa Paula Mobilehome Park, Ltd. v. Evans (1994) 26 Cal.App.4th 1139, 1147.)
Management may obtain a restraining order against a continuing or recurring violation of any “reasonable rule or regulation.” (Civ. Code, § 798.88(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(d).) The duration of the injunction may not exceed three years. (Civ. Code, § 798.88(d).)
III. Discussion
Respondents are homeowners and reside at 2662 Mountain View Road, Space 5, El Monte, California, 91731, within the Lamplighter Mobilehome Park owned and operated by Petitioner. (Pet. ¶¶ 2-4.) Petitioner seeks an order enjoining Respondents’ violations of the Park’s governing Rules and Regulations (“Rules”). (Pet. p. 1.)
On June 27, 2023, the Court noted that the statements made in the Petition are not supported by any declarations of witnesses, custodians of records, or anyone else with firsthand knowledge of the events recounted in the Petition. (6-27-23 Minute Order.) Although, the Petition is verified by Karen Loucks, authorized agent for Petitioner, the Court cannot not discern whether Petitioner’s agent has firsthand knowledge of the information presented in the Petition. (Ibid.) Thus, these statements could potentially constitute hearsay and be inadmissible as evidence. (Ibid.; Evid. Code § 1200, et seq.) For this reason, the Court continued the hearing on the Petition and ordered Petitioner to file one or more declarations presenting admissible evidence in support of the Petition. (Ibid.)
On August 9, 2023, the Court noted that as of the date of the continued hearing on the Petition, no supplemental papers had been filed. However, supplemental declarations were filed on August 8, 2023 and the matter was continued to September 28, 2023 so that the supplemental declarations could be considered.
Petitioner claims Respondents are in violation of multiple Rules and Regulations of the mobilehome park and the City of El Monte Municipal Code. Specifically, Respondents have (1) failed to repair a water leak from their coach, resulting in leaking sewage, nor have they allowed Petitioner’s plumber to fix the leak; (2) stored improper items on the space, including boxes, trunks, wood, pipe, bottles, garden tools, mops, ladders and paint cans; (3) failed to repair damage to the home, including broken windows, damaged siding and damaged piping; and (4) engaged in harassing behavior towards Park management. (Petition, ¶¶7-34.) Respondents violations of the Rules and Regulations of the Park span several years, beginning in September 2019 and continuing to the present. (Id.)
In support of the petition, Petitioner submits the declaration of Jaime Zometa, the park manager. Zometa testifies that Respondents Diaz and Allocer are homeowners and reside at 2662 Mountain View Road, Space 5, El Monte, CA pursuant to a rental agreement with Petitioner. (Zometa Dec., ¶1.) An authenticated copy of the park rules are attached as Exhibit B to the Petition. (Id. at ¶2, Ex. B.) The Rental Agreement incorporates the Rules and Regulations. (Petition, Ex. A, ¶14, p. 13.)
Zometa personally observed Respondents’ violations of the Park Rules and Regulations, including their failure to repair a water/sewage leak from their coach and their storage of improper items and vehicles at the park. (Zometa Dec. at ¶¶5, 10, 15, 19, 21, 23, 24, 26-29.) Zometa also personally observed their refusal to comply with multiple notices and requests to cure these violations. (Id. at ¶¶6, 7, 11, 12, 14, 16, 18, 20, 22.) These notices to comply are attached to the Petition as Exhibits C-J. (Petition, Exs. C-J.) Zometa took photographs of Respondents’ mobilehome and space condition on March 2, 2023 and the photographs establish violations based on improper storage of items and vehicles, as well as the failure to maintain the mobile home in a clean and sanitary condition. (Zometa Dec., Ex. K.)
Zometa’s declaration is clear and convicning evidence of the following violations of the Park Rules and Regulations, attached as Exhibit B to the Petition:
(1) 9(C)(11)(water cannot puddle or stand and respondent must ensure it drains away from home into street but not onto other homesites or common areas)(Petition, Ex. B, p. 8);
(2) 9(D)(7)(water cannot overflow into street or onto yards of other residents)(Id.);
(3) 10(A) (storage of items beneath, behind or on outside of mobilehome (Petition, Ex. B, p. 9);
(4) 10(B) (maintenance of home in a clean and sanitary condition)(Petition, Ex. B, p. 9);
(5) 10(C)(keeping hazardous substances)(Petition, Ex. B, p. 10);
(6) 10(I)(proper garbage and trash disposal)(Petition, Ex. B, p. 11);
(7) 12(park management’s right to enter homesite for maintenance)(Petition, Ex. B, p. 12);
(8) 14(G), 15(L) (parking of inoperative vehicle and only vehicles in neat and clean appearance are allowed in park)(Petition, Ex. B, pp. 13-14);
(9) 16(A), 16(C), 16(G)(improper conduct, encroachment on other spaces and violation fo local law or ordinance)(Petition, Ex. B, pp. 14-15).
The Court notes Respondents did not file any response to the Petition. On June 2, 2023, Petitioner filed proof of personal service on Respondents, which indicated personal service at Respondents’ mobile home on June 1, 2023. .
The Petition, therefore, is supported by clear and convincing evidence of Respondents’ violations of the Park’s reasonable Rules and Regulations.
IV. Conclusion & Order
Petitioner GKL Properties dba Lamplighter Mobilehome Park’s Petition for Injunctive Relief pursuant to Civ. C. §798.88 is GRANTED. Petitioner’s Petition references a “proposed order” but no proposed order was attached to the petition or submitted to the Court. Petitioner to serve and electronically submit a proposed order and judgment for injunctive relief within 10 days.
Moving party is ordered to give notice.