Judge: Latrice A. G. Byrdsong, Case: 23STCP03640, Date: 2024-02-07 Tentative Ruling

Case Number: 23STCP03640    Hearing Date: March 14, 2024    Dept: 25

Hearing Date:                         Thursday, March 14, 2024

Case Name:                             VAN’S MOBILEHOME PARK v. MARGARET J. DAWSON, GREEN TREE FINANCIAL SERVICING CORPORATION, DOES 1 through 10

Case No.:                                23STCP03640

Motion:                                   Petition to Declare Mobilehome Abandoned

Moving Party:                         Petitioner, Van’s Mobilehome Park

Responding Party:                   None

Notice:                                    OK

Tentative Ruling:                    Petitioner Van’s Mobilehome Park, LLC’s Petition to Declare Mobilehome Abandoned is GRANTED.

                                                Petitioner is awarded $6,651.20 in storage costs.

Counsel for Petitioner is ordered to electronically submit to the Court a Proposed Judgment of 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 March 01, 2024                    [ ] Late            [X] None

REPLY:                     None filed as of March 07, 2024                    [ ] Late            [X] None

BACKGROUND

On October 04, 2023, Petitioner Van’s Mobilehome Park, LLC (“Petitioner”) filed a Petition for Declaration of Abandonment of Mobilehome (the “Petition”) against Respondents Margaret J Dawson (“Dawson”) and Green Tree Financial Servicing Corporation (“GFSC”) (collectively, “Respondents”). On January 04, 2024, Petitioner filed the instant First Amended Petition to Declare Mobile Home Abandoned (“Amended Petition”).

Petitioner seeks a declaration that the mobilehome located at 8723 E Artesia Sp 38, Bellflower, California 90706, and described as a 1969 Fleetwood, Decal Number AAV7511, Serial Number S11753, (the “Mobilehome”) is abandoned. Petitioner also seeks: (1) rent and other applicable charges as of the date of judgment; (2) storage costs equal to the rent due and other applicable charges from the date of judgment till sale of the Mobilehome or other disposition; (3) attorneys’ fees; (4) court costs; and (5) other and further relief as the Court shall deem just and proper. (Petition, p.3.)

            On January 29, 2024, Petitioner moved for default and default judgment to be entered against both Respondents. The Clerk did not enter default noting deficiencies with the request.

            On February 07, 2024, the Court on its own motion continued the hearing on the Petition to March 14, 2024, noting deficiencies in the instant Petition. The Court ordered Petitioner to file supplemental papers addressing the issue of whether the Mobilehome can be defined as an “abandoned mobilehome” under Civil Code § 798.61(a)(1).

            On February 13, 2024, the Petitioner filed a supplemental declaration in support of the Petition.

No opposition has been filed.

MOVING PARTY POSITION

Petitioner seeks a declaration of abandonment as to the Mobilehome. Petitioner additionally seeks: (1) rent and other applicable charges as of the date of judgment; (2) storage costs equal to the rent due and other applicable charges from the date of judgment till sale of the Mobilehome or other disposition; (3) attorneys’ fees; (4) court costs; and (5) other and further relief as the Court shall deem just and proper.

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).)

In the Court’s previous order, the Court found that Petitioner had not made a sufficient showing under Civil Code section 798.61(a)(1). (02/07/24 Minute Order.) Specifically, that Petitioner did not provide any indication via admissible evidence as to whether a reasonable person would believe the Mobilehome to be abandoned. (Id.)

Here, Petitioner provides a supplemental declaration from Alison Phillips, the property manager of Van’s Mobilehome Park. Ms. Phillips declares that no rent has been paid to management for the Mobilehome since June 2023. (Alison Phillips Suppl. Decl. ¶ 4.) The Mobilehome is not permanently affixed to the space it is located on. (Id. ¶ 7.) A reasonable person would believe the Mobilehome to be unoccupied because the former occupant, Joe Bean, who was not the registered or legal owner of the Mobilehome, has not been seen at the premises since June 2023. (Id. ¶ 5.) Ms. Phillips further states that no one else has been seen at or reported to be occupying the Mobilehome, and that the utility usage reflects the minimum base charges. (Id.) Moreover, a reasonable person would believe that the Mobilehome is abandoned for the same reasons. (Id. ¶ 6.)

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 Amended 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).)

The Court finds that the Amended Petition complies with Civil Code section 798.61(b). Here, in Petitioner’s original accompanying declaration, the Notice of Abandonment, which is attached as Exhibit 1 to the Amended Petition, was posted on the mobile home pursuant to Civ. Code Section 798.61 and served via certified mail on August 09, 2023. (Amended Pet. P. 2; Alison Phillips Decl. ¶ 7.) Therefore, Petitioner has made a sufficient showing that it 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 Court finds that the Petitioner has complied with Civil Code section 798.61(c)(1). Proofs of service filed on January 29, 2024, indicate that both Dawson and GFSC were served with the Petition by posting a copy on the mobilehome and by mail. (01/29/24 Proof of Service by Posting.) Thus, Petitioner has complied with Civil Code section 798.61(c)(1).       

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

In Petitioner’s initial declaration filed January 29, 2023, Petitioner sought six months of storage costs, calculated at $831.40 per month based on the former space rent Respondent was paying at the time the Mobilehome was abandoned, in the total amount of $4,988.40. (Phillips Decl. ¶¶ 8-10; Exh.4) Petitioner provides in its supplemental declaration, unpaid statements beginning July 1, 2023, through February 1, 2024, noting that the last time rent was paid was on June 1, 2023. (Alison Phillips Suppl. Decl. ¶ 4.)  Therefore, the Court awards Petitioner storage costs in the amount of $6,651.20, for eight months from July 1, 2023, through February 2024. 

Accordingly, the Court GRANTS the Petition and awards the Petitioner $6,651.20 in storage costs.      

III.       Conclusion

            Petitioner Van’s Mobilehome Park, LLC’s Petition to Declare Mobilehome Abandoned is GRANTED.

Petitioner is awarded $6,651.20 in storage costs.

Counsel for Petitioner is ordered to electronically submit to the Court a proposed “Judgment of Abandonment”, consistent with this Court’s Ruling, within 10-days.

Petitioner is ordered to give notice of the Court’s ruling.