Judge Latrice A. G. Byrdsong, Case Number: 24STCP00049, Date: 2024-05-13 Tentative Ruling

Judge: Latrice A. G. Byrdsong, Case: 24STCP00049, Date: 2024-05-13 Tentative Ruling

Case Number: 24STCP00049 Hearing Date: May 13, 2024 Dept: 25

Hearing Date: Monday, May 13, 2024

Case Name: CARAVAN MHP v. THOMAS J WHITE, et al.

Case No.: 24STCP00049

Motion: Petition to Declare Mobilehome Abandoned

Moving Party: Petitioner Caravan MHP

Responding Party: None

Notice: OK

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Tentative Ruling: Petition to Declare Mobilehome Abandoned filed by Petitioner Caravan MHP is GRANTED.

Judgement for Abandonment is entered in favor of the Petitioner and against the Respondents in the total amount of $26,967.13.

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BACKGROUND

On January 8, 2024, Petitioner Caravan MHP (“Petitioner”) filed the instant Petition to Declare Mobile Home Abandoned against Respondents Thomas J White and Jane A White (collectively “Respondents”). Pursuant to Civil Code §¿798.61, Petitioner seeks a declaration that the mobilehome located at 600 W Gladstone Sp 74, Azusa, California 91702 and described as a 1971 Broadmore, Decal Number LAL1228, Serial Numbers S284U/S284X is abandoned.

No opposition has been filed as of May 8, 2024. Default was entered against the Respondents on March 25, 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 Veronica E. Reeves, Park Manager for Petitioner. Ms. Reeves explains that Respondents are the registered owners of the mobilehome currently occupying 600 W Gladstone Sp 74, Azusa, California 91702. (Reeves Decl., ¶ 4; Ex. “2.”) The mobilehome located at the aforementioned address is currently unoccupied and has been unoccupied prior to November 15, 2023, the date the 30 day Notice was posted on the mobilehome. (Reeves Decl., ¶ 5; Ex. “1.”) The 30 day Notice of Belief of Abandonment was posted on the mobilehome pursuant to Civil Code Section 798.61 on November 15, 2023 and sent via certified mail on the same day. The mobilehome is not permanently affixed to the space. (Reeves Decl., ¶ 6; Ex. “1.”) Further, Petitioner submits the supplemental declaration of Ms. Reeves to show that the mobilehome can be defined as abandoned. The declaration provides: no rent for space rent has been paid since September 2022; Respondents have not been seen at the premises and no one else has been seen or reported to be occupying the mobilehome; other residents have not reported seeing anyone at the mobilehome since it was abandoned; utility usage reflects minimum base charges; Respondents, including any representative, agent, executor, governmental agencies or otherwise, have not contacted Ms. Reeves’ office; the mobilehome is not in any way attached to any permanent footings or foundations at space 74. (Reeves Supp. Decl., ¶¶ 4-7.)

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 Park Manager declares the Notice of Belief of Abandonment was posted on the mobilehome pursuant to Civil Code Section 798.61 on November 15, 2023 and sent via certified mail on the same day. (Reeves Decl., ¶¶ 5-6; Ex. “1.”) Petitioner provides Proof of Service that the Notice of Belief of Abandonment was mailed as such with return receipt requested. (POS 3/25/24; 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 homeowners by posting on the mobilehome and by mailing copies to the interested parties last known address with return receipt requested. (POS 3/25/24.)

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 $621.91 per month owed from September 2020. (Petition ¶ 6; Reeves Decl., ¶ 7.) As evidence, Petitioner submits a copy of the September 2020 statement showing the $621.91 per month storage charge that Respondents were paying. (Id.) Ms. Reeves declares that the monthly storage costs is reasonable and is calculated from September 1, 2020 for 43 months, which totals $26,742.13. (Reeves Decl., ¶¶ 7-9.) Petitioner additionally seeks the total amount of rent and other applicable charges due on the mobile home site as of the date of judgment, storage cost equal to the rent due and other applicable charges from the date of judgment up to the date of the sale of the mobilehome or other disposition, court cost, and other relief that the Court deems just and proper. (Prayer ¶¶ 2-6.)

No amount of costs or attorney’s fees is sought or supported by the evidence. Therefore, costs and attorney’s fees, if any, 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 $26,967.13 ($26,742.13 plus $225).

II. Conclusion

The Petition for Declaration of Abandonment of Mobilehome is GRANTED.

Judgement for Abandonment is entered in favor of the Petitioner and against the Respondents in the amount of $26,967.13.

Moving party is ordered to give notice.