Judge: Latrice A. G. Byrdsong, Case: 23STCP04029, Date: 2024-03-06 Tentative Ruling

Case Number: 23STCP04029    Hearing Date: March 6, 2024    Dept: 25

Hearing Date:                         Wednesday, March 06, 2024

Case Name:                             COVINA
HILLS MHC v. SERGIO MEZA, and THOMAS VALLARINO

Case No.:                                23STCP04029

Motion:                                   Petition to Declare Mobilehome
Abandoned

Moving Party:                         Petitioner,
Covina Hills MHC

Responding Party:                   None

Notice:                                    OK

Tentative Ruling:                    Petitioner Covina Hills MHC’s
Petition to Declare Mobilehome Abandoned is GRANTED.

                                                The
Court also GRANTS Petitioner’s request for storage costs in the amount of $18,080.00,
and costs of suit in the amount of $370.00, for a total of $18,450.00.

Counsel for Petitioner is directed to electronically submit a proposed form of 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
22, 2024                [ ] Late            [X] None

REPLY:                     None filed as
of February 28, 2024                [ ] Late            [X] None

BACKGROUND

On November 01, 2023, Petitioner Covina
Hills MHC (“Petitioner”) filed the instant Petition for Declaration of
Abandonment of Mobilehome (the “Petition”) against Respondents Sergio Meza (“Meza”)
and Thomas Vallarino (“Vallarino”) (collectively, “Respondents”).

Petitioner seeks a declaration that
the mobilehome located at 17350 E Temple Ave. Sp. 333, La Puente, California 91744,
and described as a 1973 Dual Wide, Decal Number LBE613, Serial Numbers S3919U/3919X,
(the “Mobilehome”) is abandoned. Petitioner also seeks: (1) rent and other
applicable charges from 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 08,
2024, Petitioner moved for default and default judgment to be entered against
both Respondents. The Clerk entered default against respondents the same day.

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 from 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).)

The Court finds that Petitioner has
provided enough evidence to satisfy Civil Code section 798.61(a)(1). Petitioner
asserts that the Mobilehome meets the statutory criteria under Civil Code §
798.61. Here, Petitioner provides the Court with the declaration of its
Property Manager, Sofia Lopez. (Sofia Lopez Decl.) To the best of Lopez's
knowledge and belief, the Mobilehome was unoccupied before the 30-day Notice of
Belief of Abandonment was served. (Id. ¶
5.) Lopez further states that no rent or storage has been paid to management
since August of 2022. (Id. ¶
6.) In Lopez's supplemental declaration, Lopez further states that no rent has
been received from the Mobilehome since August 2022. (Sofia Lopez Supp. Decl. ¶
4.) The Mobilehome is not affixed to the space where it's located. (Id. ¶ 7.) Lopez declares that a
reasonable person would believe the Mobilehome to be abandoned because "No
one else has been seen or reported to be occupying the Mobilehome" since
June 2023. (Id. ¶ 5.) Other
residents have not reported seeing anyone at the Mobilehome. (Id.) Respondent Vallarino has represented
that he has abandoned his interest in the Mobilehome. (Id.) Lopez adds that Respondent Meza has not
been seen at the premises since June 2023. (Id. ¶
6.) Thus, the Petition satisfies Civil Code § 798.61(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).)

The Court finds that Petitioner
complies with Civil Code section 798.61(b). Here, Lopez authenticates the
Notice of Abandonment, attached as Exhibit 1 to the Petition, as a true and
correct copy. (Lopez Decl. ¶ 7.)  Petitioner’s
counsel additionally provides the Court with a Declaration of Proof of Service,
which states that the Notice of Abandonment was posted on the Mobilehome on May
12, 2023. (01/08/24 Proof of Service. ¶ 2.) Counsel further declares that
copies of the Notice of Abandonment were sent via certified mail on August 16,
2023. Therefore, Petitioner has satisfied Civil Code section 798.61(b)
requirements.

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
Petitioner has complied with Civil Code section 798.61(c)(1). Proofs of service
filed on January 08, 2024, indicate that Meza and Vallarino were both served
with the Petition by posting and mailing. (01/08/24 Proof of Service by
Posting.) Moreover, default has been entered against Respondents on January 08,
2024. 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).)

Petitioner seeks rent, utilities, attorney’s fees and
costs, and other charges. 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 the defaults entered against
Respondents and Petitioner’s supplemental declaration which states that
Respondent Vallarino has abandoned his interest in the Mobilehome.

Petitioner seeks monthly rental/storage
charges of $1,130.00 per month from September 01, 2022, through January 01, 2024,
which totals $18,080.00. (1/08/24 Lopez Decl., ¶¶ 7-9.) Petitioner’s request is
GRANTED. Petitioner is awarded a total of $18,450.00, based on 16 months of monthly
rent/storage charges at $1,130.00 per month plus cost in the sum of $370.00.
The Court notes that Petitioner additionally seeks attorney’s fees, however the Petition does not provide the
amount sought. Petitioner may request attorney’s fees to a separate noticed
motion under Civil Code 798.61(d)(2).

Accordingly, the Court GRANTS the Petition.

III.       Conclusion

            Petitioner Covina Hills
MHC’s Petition to Declare Mobilehome Abandoned is GRANTED.

The Court also GRANTS Petitioner’s request
for storage costs in the amount of $18,080.00, and costs of suit in the amount
of $370.00, for a total of $18,450.00. 

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.