Judge Latrice A. G. Byrdsong, Case Number: 23STCP04535, Date: 2024-04-22 Tentative Ruling

Judge: Latrice A. G. Byrdsong, Case: 23STCP04535, Date: 2024-04-22 Tentative Ruling

Case Number: 23STCP04535 Hearing Date: April 22, 2024 Dept: 25

Hearing Date: Monday, April 22, 2024

Case Name: BOULDERS AT THE LAKE v. MARIETTA PRICE, et al.

Case No.: 23STCP04535

Motion: Petition to Declare Mobilehome Abandoned

Moving Party: Petitioner Housing Authority of the City of Palmdale

Responding Party: None

Notice: OK

Tentative Ruling: Petition to Declare Mobilehome Abandoned filed by Petitioner Boulders at the Lake is GRANTED.

Judgement for Abandonment to be entered in Petitioner’s favor in the amount of $12,625.

Counsel for Petitioner is ordered to electronically submit a proposed form of Judgment for Abandonment - consistent with this Court's Ruling - within 10-days.

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BACKGROUND

On December 18, 2023, Petitioner the Housing Authority of the City of Palmdale dba Boulders at the Lake (“Petitioner”) filed the instant Petition to Declare Mobile Home Abandoned (“Petition”) against Respondents Marrietta Price (“Price”) and Sapient Providence LLC (“Sapient”) (collectively “Respondents”). Pursuant to Civil Code §¿798.61, Petitioner seeks a declaration that the mobilehome located at 1030 E Ave S Space 36, Palmdale, California, 93550, and described as a 1985 Winchester, Decal Number LAI3985, Serial Numbers CAHKQ01241742852774A / CAHK01241742852774B, (“Mobilehome”) is abandoned.

No opposition has been filed. Default was entered against the Respondent on March 18, 2024.

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.¿

(D) It is not permanently affixed to the land.”

(Civ. Code, § 798.61(a)(1)(A)-(D).)

Here, Petitioner submits the declaration of Klarisa Aivazian, property manager for Petitioner. Ms. Aivazian explains that Marietta Price is the registered owner of the mobilehome currently occupying 1030 E Ave S Space 36, Palmdale, California 93550, and Sapient Providence LLC is the legal owner of the mobilehome. (Aivazian Decl., ¶ 5; Ex. “2.”) The mobilehome stored at 1030 E Ave S Space 36, Palmdale, California 93550, is currently unoccupied and has been unoccupied prior to July 20, 2023, the date the 30 day Notice of Belief of Abandonment (the “Notice”) was posted on the mobilehome. (Aivazian Decl., ¶ 6; Ex. “1”) The Notice was posted on the mobilehome pursuant to Civil Code Section 798.61 on July 20, 2023 and sent via certified mail on the same day. Further, the mobilehome is not permanently affixed to the space. (Aivazian Decl., ¶ 7.)

Based on the foregoing, the Court finds the Mobilehome falls within the Section 798.61 definition of “abandoned.”

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).)

As provided above, Petitioner’s property manager declares the Notice of Belief of Abandonment was posted on the mobilehome pursuant to Civil Code Section 798.61 on July 20, 2023 and sent via certified mail on the same day. (Aivazian Decl., ¶ 7.) Petitioner provides Proof of Service that the Notice of Belief of Abandonment was mailed as such with return receipt requested. (POS 3/18/24; Ex. “3.”)

Thus, Petitioner has 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).)

Petitioner has provided Proof of Service indicating that the petition was served on the homeowner by posting on the door of the Mobilehome and by mailing copies to the interested parties last known address with return receipt requested. (Trevillyan Decl., ¶ 8; POS 3/18/24.)

Thus, the Court finds the service requirements under Civil Code section 798.61(c) have 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).)

Petitioner seeks monthly storage charges in the amount of $400.00 per month owed from August 1, 2021 through March 1, 2024, for a total amount of $12,400. (Petition ¶ 6; Aivazian Decl., ¶¶ 8, 10.) As evidence, Petitioner submits a copy of the August 2021 statement showing the $400 per month storage charge. (Aivazian Decl., ¶ 8; Ex. “4.”) Petitioner additionally seeks storage cost equal to the rent due and other applicable charges form the date of judgment up to the date of the sale of the mobilehome or other disposition, court cost, and attorney’s fees. (Prayer ¶¶ 2-6.) No amount of costs or attorney’s fees is sought or supported by the evidence. Therefore, costs and attorney’s fees are to be determined by memorandum of costs and noticed motion, respectively. However, costs of $225 were listed in the request for entry of default.

Accordingly, judgment to be entered in Petitioner’s favor in the amount of $12,625 ($12,400 plus $225).

II. Conclusion

The Petition for Declaration of Abandonment of Mobilehome is GRANTED.

Judgement for Abandonment to be entered in Petitioner’s favor in the amount of $12,625.

Counsel for Petitioner is ordered to electronically submit a proposed form of Judgment for Abandonment - consistent with this Court's Ruling - within 10-days.

Moving party is ordered to give notice.