Judge: Latrice A. G. Byrdsong, Case: 23STCP02927, Date: 2024-03-13 Tentative Ruling

Case Number: 23STCP02927    Hearing Date: March 13, 2024    Dept: 25

Hearing Date:                         Wednesday, March 13, 2024

Case Name:                             RICHARD TODD SHERMAN, an individual, dba NORTHRIDGE MOBILE HOME PARK v. ROBERT M. BLOESER; ESTATE OF ROBERT M. BLOESER; and DOES 1 through 10, inclusive,

Case No.:                                23STCP02927

Motion:                                   Petition to Declare Mobilehome Abandoned

Moving Party:                         Petitioner, Richard Todd Sherman, dba Northridge Mobile Home Park

Responding Party:                   None

Notice:                                    OK

Tentative Ruling:                    Petitioner Richard Todd Sherman’s Petition to Declare Mobilehome Abandoned is GRANTED.

The Court also GRANTS Petitioner’s request for rent, utilities, and other charges due and owing in the amount of $13,946.00, daily damages in the of $1,421.82, $851.03 in attorney’s fees, and costs of suit in the amount of $461.63, for a total of $16,680.48.

Counsel for Petitioner is directed to electronically submit to the Court a Proposed Judgment for Abandonment, consistent with this Court’s Ruling, within 10 days.

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 29, 2024                [ ] Late            [X] None

REPLY:                     None filed as of March 06, 2024                    [ ] Late            [X] None

BACKGROUND

On August 11, 2023, Petitioner Richard Todd Sherman (“Petitioner”) filed the instant Petition to Declare Mobile Home Abandoned (“Petition”) against Respondents Robert M. Bloeser (“Respondent” or “Bloeser”) and the Estate of Robert M. Bloeser (“Bloeser Estate”) (collectively “Respondents”).  Pursuant to Civil Code § 798.61, Petitioner seeks a declaration that the mobilehome located at 19120 Nordhoff St. 16 Dover, Northridge, CA 91324 described as a 1968 Hillcrest mobilehome, Decal Number LBE1629, Serial No. 1225A and 1225B, Label/Insignia Numbers A226191 and A226192 (“Mobilehome”) is abandoned.

On September 19, 2023, Petitioner requested entry of default against Respondent Bloeser. The Clerk entered default the same day.

On December 13, 2023, the Court on its own motion continued the hearing to January 29, 2024.

On January 29, 2024, the Court on its own motion continued the hearing to February 27, 2024, after noting several deficiencies with the Petition. The Court ordered Petitioner to file supplemental briefings that address whether the Mobilehome falls within the meaning of “abandoned” as defined by Civil Code 798.61(a). Petitioner was also ordered to provide support for its request for storage, attorney’s fees, and cost as well as provide a supporting declaration and exhibits for the petition.

On February 23, 2024, the Court granted Petitioner’s February 8, 2023, request for continuance of the hearing date to March 13, 2024.

On February 21, 2024, Petitioner filed a supplemental declaration in support of the Petition.

No opposition has been filed.

MOVING PARTY POSITION

Petitioner prays for the Court to declare the Mobilehome abandoned. Petitioner seeks “rent, utilities and other charges of $26.33 and daily damages, according to proof, from and after September 1, 2023,” and reasonable attorney’s fees.

OPPOSITION

            No opposition has been filed.

REPLY

            No reply has been filed.

ANALYSIS

I.          Legal Standard & Discussion

As a general matter, the Court noted several deficiencies with the instant petition in its prior order and ordered Petitioner to file supplemental briefing addressing those deficiencies. Here, Petitioner has filed a supplemental declaration from Catherine Woods which addresses many of the issues previously noted.

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).)

Petitioner seeks a declaration that the Mobilehome is abandoned. (Pet. p. 4.) The Petition alleges that the Mobilehome is located at a mobilehome site for which no rent has been paid since March 2022. (Id. ¶ 7.) Petitioner reasonably believes that the mobilehome has been abandoned.” (Id.)

Petitioner provides the Court with a supplemental declaration of Northridge Mobile Home Park’s resident manager, Catherine Woods. Ms. Woods declares that Respondent is the registered owner of the Mobilehome located at 16 Dover, Northridge, CA 91324. (Catherine Woods Suppl. Decl. ¶ 3; Exh. 1.) Pursuant to a written rental agreement, Respondents were required to pay $790.00 in rent per month for the Mobilehome. (Id. ¶ 4; Exh. 2.) The Mobilehome is not permanently affixed to the land on which it is situated. (Id. ¶ 7.) Ms. Woods states that Respondent passed away around February 2022. (Id. ¶ 5.)  Since March 2022, Respondents have not paid rent for the Mobilehome. (Id. ¶ 6.) Ms. Woods additionally states that a reasonable person would believe the Mobilehome to be abandoned because since Respondent’s passing, no person has occupied the Mobilehome nor is there any knowledge of any relatives or potential heirs.  (Id. ¶ 5.)

Here, the Court finds that based on Petitioner’s supplemental declaration, Petitioner provides evidence that satisfies the statutory definition of an “abandoned mobilehome”. Thus, the Petition satisfies the requirements under Civil Code § 798.61(a).

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).)

On May 08, 2023, a 30-day Notice of Belief of Abandonment was posted on the Mobilehome.  (Woods Suppl. Decl. ¶ 8, Ex. 4.)  On the same day, the Notice was mailed via certified mail, return receipt requested, to Respondents at 19120 Nordhoff St. 16 Dover, Northridge, CA 91324.  (05-08-23 Proofs of Service – Woods Decl. ¶ 8-9; Exh. 5.) 

Thus, the Court finds that Petitioner has satisfied the requirements under § 798.61(b) with admissible evidence.

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).)

On August 11, 2023, more than 30 days after posting and serving the Notice of Belief of Abandonment, Petitioner filed the instant Petition. Petitioner has submitted proof of service indicating that Respondents were served with a copy of the Petition by both certified mail and by posting on the Mobilehome. (09/15/23 Proof of Service (not Summons and Complaint); Woods Suppl. Decl. ¶ 11.) Ms. Woods additionally states in her supplemental declaration that no response to the Petition has been filed within fifteen (15) days after service of the Petition. (Woods Suppl. Decl. ¶ 16.)

On September 19, 2023, the Clerk entered default against Respondent. (09/19/23 Request for Entry of Default.) Thus, the Court finds that the services requirement has been satisfied.

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).)

            The Court finds that Petitioner has shown by a preponderance of evidence that the criteria for an abandoned mobilehome have been satisfied. Further, the Court notes that no other party has established an interest in the Mobilehome as evidenced by Respondent’s default and lack of opposition to the Petition.

Here, Petitioner seeks “rent, utilities and other charges of $26.33 and daily damages, according to proof, from and after September 1, 2023,” and reasonable attorney’s fees. (Pet. p. 4.) Specifically, in Petitioner’s separate filed declaration, Petitioner seeks rent, utilities, and other charges due and owing from March 2022, through and including August 2023, totaling $13,946.00. (Woods Suppl. Decl. ¶ 17.) Petitioner additionally seeks daily damages accrued between September 01, 2023, to October 24, 2023, totaling $1,421.82, in addition to attorney’s fees in the amount of $851.03, and costs in the amount of $461.63. (Id. ¶¶ 18-20; Exh. 7.) Petitioner’s request is GRANTED. Petitioner is awarded a total of $16,680.48 for the following: $13,946.00 in rent, utilities, and other charges due and owing from March 2022, through and including August 2023, $1,421.82 in daily damages accrued between September 01, 2023, an October 24, 2023, plus $851.03 in attorney’s fees, and $461.63 in costs.

Accordingly, the Court GRANTS the Petition and awards Petitioner $16,680.48.

III.       Conclusion

            Petitioner Richard Todd Sherman’s Petition to Declare Mobilehome Abandoned is GRANTED.

The Court also GRANTS Petitioner’s request for rent, utilities, and other charges due and owing in the amount of $13,946.00, daily damages in the amount of $1421.82, $851.03 in attorney’s fees, and costs of suit in the amount of $461.63, for a total of $16,680.48.

Counsel for Petitioner is directed to electronically submit to the Court a Proposed Judgment for Abandonment, consistent with this Court’s Ruling, within 10 days.

Moving party is ordered to give notice.