Judge: Latrice A. G. Byrdsong, Case: 23STCP04676, Date: 2024-05-03 Tentative Ruling

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Case Number: 23STCP04676    Hearing Date: May 3, 2024    Dept: 25

Hearing Date:                         Friday, May 3, 2024

Case Name:                             BOULDERS AT THE LAKE v. LEGGETT

Case No.:                                23STCP04676

Motion:                                   Petition to Declare Mobilehome Abandoned

Moving Party:                         Petitioner Boulders At The Lake

Responding Party:                   None

Notice:                                    N/A

Tentative Ruling:                    Boulders At The Lake’s Petition to Declare Mobilehome Abandoned is GRANTED.

Counsel for Petitioner is ordered to electronically submit to the Court a Proposed Judgment for Abandonment of Mobilehome – consistent with this Court’s Order - within 10-days.

BACKGROUND

On December 29, 2023, Petitioner Boulders At The Lake (“Petitioner”) filed the instant Petition to Declare Mobilehome Abandoned against Respondent Robert Leggett (“Respondent”) and DOES 1 through 10.

On March 19, 2024, the Court dismissed the Doe Defendants without prejudice.

On March 22, 2024, the Court entered default against Respondent.

MOVING PARTY POSITION

            Petitioner argues the Mobilehome located at 1030 E Ave S Space 149, Palmdale, CA 93550 and described as a 1987 Sandelwood, Decal Number LAK5232, Serial Numbers CAFLHO8A09435SW/CAFLHO8B09435SW is unoccupied. Furthermore, Petitioner contends a reasonable person would believe the Mobilehome to be abandoned. Moreover, Petitioner contends the management reasonably believes the Mobilehome to be abandoned. Finally, Petitioner argues the Mobilehome is located in a mobilehome park on a site for which no rent has been paid to the management for 60 days preceding the date a 30-day notice was posted on the Mobilehome, and sent by certified mail.

OPPOSITION

None filed as of 4/40/24.

REPLY

None filed as of 4/40/24.

ANALYSIS

I. Petition to Declare Mobilehome Abandoned

A.    Legal Standard

Pursuant to Civil Code section 798.61, subdivision (a)(1), a mobilehome is abandoned if all of the following conditions are met:

 (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, subd. (a)(1).)

“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, subd. (b).)

“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, subd. (c)(1).)

B.  Discussion

Petitioner seeks a judgment (1) declaring that the mobilehome occupying space 149 at Boulders At The Lake is an abandoned mobilehome; (2) awarding Petitioner the total amount of rent and other applicable charges due on the mobilehome site as of the date of judgment; (3) awarding Petitioner storage costs equal to the rent due and other applicable charges from date of judgment to date of sale of the mobilehome or other disposition; (4) awarding Petitioner court costs; (5) awarding such other and further relief as the court shall deem just and proper; and (6) attorney’s fees pursuant to Civil Code section 798.61.

Here, Petitioner advances the declaration of Klarisa Aivazian, the property manager for Boulders At The Lake, attesting to the status of mobilehome. Aivazian declares Respondent is the registered owner of the mobilehome located at 1030 E Ave S Space 149, Palmdale, CA 93550 and described as a 1987 Sandelwood, Decal Number LAK5232, Serial Numbers CAFLHO8A09435SW/CAFLHO8B09435SW. (Aivazian Decl. ¶ 5, Ex. 2: Title Search.) Furthermore, Aivazian avers the mobilehome is currently unoccupied and has been unoccupied prior to the 30-Day Notice of Belief of Abandonment and Lien that was posted on the mobilehome on November 21, 2023. (Id. at ¶ 6, Ex. 1.) Aivazian declares Respondent has not been seen at the premises by her and is purportedly deceased. (Aivazian Supp. Decl. ¶ 5.) Aivazian avers the other residents likewise have not reported seeing anyone else at the mobilehome and the utility usage reflects minimum base charges. (Id.) Additionally, Aivazian declares the management office has performed basic yard maintenance and upkeep and noticed the mobilehome has been unattended since July 2023. (Id. at ¶ 6.) Moreover, Aivazian avers the mobilehome is located on a site for which no space rent or storage has been paid to the management since March 2022. (Aivazian Decl. ¶ 7.) Aivazian also states the mobilehome is not permanently affixed to the space, i.e., it is not attached to any permanent footings or foundation at space 149 and the 30-Day notice was sent via certified mail on the same day it was posted on the mobilehome. (Id.; Aivazian Suppl. Decl. ¶ 7.)

Therefore, the Court finds that Petitioner has sufficiently demonstrated that the subject property at issue in this matter is an “abandoned mobilehome” as defined in Civil Code section 798.61, subdivision (a)(1). Petitioner provided evidence that other residents and property manager have not seen anyone let alone Respondent at the mobilehome. Further, Petitioner provided evidence that Respondent owns the mobilehome, has not paid rent or storage for the mobilehome since March 2022, and the utility charges suggest the mobilehome is unoccupied. Moreover, Petitioner has shown that the mobilehome is not permanently affixed to the mobilehome park site and a reasonable person could believe that the mobilehome is unoccupied. Petitioner also provided evidence demonstrating that it posted a 30-Day notice of belief of abandonment on the mobilehome and sent the notice via certified mail prior to filing this instant petition but did not receive a response from Respondent or anyone else.

II.        Conclusion

            Accordingly, Petitioner Boulders At The Lake’s Petition to Declare Mobilehome Abandoned is GRANTED.

            Petitioner is awarded $9,600 for storage fees.  Petitioner may file a Motion for Attorney’s fees and court costs according to proof. 

Counsel for Petitioner is ordered to electronically submit to the Court a Proposed form of  Judgment for Abandonment of Mobilehome - consistent with this Court’s Order - within 10-

            Moving party of ordered to give notice.