Judge: Latrice A. G. Byrdsong, Case: 23STCP02849, Date: 2023-12-28 Tentative Ruling

*** Please Note that the Judicial Officer Presiding in Department 25 is Commissioner Latrice A. G. Byrdsong ***
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Case Number: 23STCP02849    Hearing Date: December 28, 2023    Dept: 25

Hearing Date:                         Thursday, December 28, 2023

Case Name:                             GRANADA VILLA, LP dba GRANADA VILLA MOBILE HOME PARK v. THOMAS NIXON AKA TOM NIXON.

Case No.:                                23STCP02849

Motion:                                   Petition to Declare Mobilehome Abandoned

Moving Party:                         Petitioner, Granada Villa LP

Responding Party:                   None

Notice:                                    OK

Tentative Ruling:           Petitioner Granada Villa, LP’s Petition to Declare Mobilehome Abandoned is GRANTED.

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 December 04, 2023              [ ] Late            [X] None

REPLY:                     None filed as of December 04, 2023              [ ] Late            [X] None

BACKGROUND

On August 07, 2023, Petitioner Granada Villa, LP dba Granada villa Mobile Home Park (“Petitioner”) filed the instant Petition to Declare Mobile Home Abandoned (“Petition”) against Respondent Thomas Nixon aka Tom Nixon (“Respondent” or “Nixon”).  Pursuant to Civil Code § 798.61, Petitioner seeks a declaration that the mobilehome located at 18540 Soledad Canyon Space 104, Santa Clarita, CA 91351, tradename Great Lakes, Decal/License Number ABF9674, Serial No. S9653U and S9653X, HUD Label 526990 and 526989 (“Mobilehome”) is abandoned.

On October 04, 2023, Petitioner filed a declaration indicating that Petitioner has learned Respondent has since passed.

No opposition has been filed. Default has not been entered against the Respondent.

MOVING PARTY POSITION

Petitioner prays for the Court to declare the Mobilehome abandoned. Petitioner does not seek any storage fees or monetary damages.  

OPPOSITION

            No opposition has been filed.

REPLY

            No reply has been filed.

ANALYSIS

I.          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.” 

(Civ. Code, § 798.61(a)(1)(A)-(D).)

Here, Petitioner submits the verification of its agent Brittini Gutierrez who substantiates Petitioner’s allegations under penalty of perjury. (Brittini Gutierrez V.S.) Petitioner additionally provides the declaration of Brittney Pesina (“Pesina”) an onsite manager for Petitioner. (Brittney Pesina Decl.) Petitioner asserts that the Mobilehome is unoccupied. (Pet. ¶ 5.)

Petitioner states that around March 31, 2004, Respondent entered into an agreement with Petitioner to Lease the Mobilehome from Petitioner which included the right to maintain the Mobilehome on Petitioner’s site. (Pesina Decl. ¶ 7.) From August 01, 2022, till filing of the Petition no rent has been paid. (Id. ¶ 9.) Petitioner asserts that it reasonably believes that the Mobilehome was abandoned around August 01, 2022, after not receiving any rent from August 01 and by confirmation via periodic inspections by Petitioner’s agent. (Pet. ¶¶ 15-17.) Pesina avers that she would personally inspect the Mobilehome from August 01, 2022, and found no indication that the Mobilehome has been occupied or entered by a person since August 2022. (Pesina Decl. ¶¶ 10-11.) Petitioner would later discover Respondent is deceased and resided at the Mobilehome at the time of his death. (Id. ¶ 19.)

Thus, Petitioner satisfies the requirements under Civil Code section 798.61, subdivision (a)(1).

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.

(Civ. Code, § 798.61(b).)

Petitioner additionally provides a copy of the Notice of Belief of Abandonment. (Pet., Ex. 3.) Notice was posted on the door of the Mobilehome on June 28, 2023. (Pet. ¶ 18.) The Court notes that more than 30 days had lapsed since notice was provided. Around that same date, Petitioner served the Respondent a copy of the notice via US mail to his last known address. (Pet. ¶ 20.) Petitioner provides a copy of a Title Search from the State of California, Department of Housing and Community Development for the Mobilehome. The title search shows Respondent is the registered owner and states their address is 18540 Soledad Canyon RD 104 Canyon Country, CA 91351. (Pet., Ex. 1.) Petitioner states the Mobilehome was Respondent’s last known address. (Pesina Decl. ¶ 19.)  Further, Petitioner provides the Court with Proof of Service and certificate of Mailing indicating that the petition was served on the Respondent on June 28, 2023, at his last known address. (Id., ¶ 16, Ex. 4).

Thus, Petitioner complied with Civil Code section 798.61(b).

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

Civil Code section 798.61, subdivision (c)(1) states that:

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.

(Civ. Code, § 798.61(c).)

            Here the Petition was filed on August 07, 2023. Service was rendered on Respondent by posting a copy of in a conspicuous place on the Mobilehome on August 14, 2023, and via certified mail on August 15, 2023. (09/29/23 Proof of Service)

Thus, the Petition complies with Civil Code section 798.61(c).

D.        Charges, Attorney’s Fees, and Costs 

Civil Code section 798.61, subdivision (d)(2) provides that: 

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.

(Civ. Code, § 798.61(d)(2).)

Here, in the accompanying declaration, Petitioner states that they are only seeking a declaration of abandonment and are not seeking any storage fees or any monetary damages. (Pesina Decl. ¶ 21.)

III.       Conclusion

            The Petition for Declaration of Abandonment of Mobilehome is GRANTED.

Moving party is ordered to give notice.