Judge Mark E. Windham, Case 22STCP00697 2022-07-25 Tentative Ruling

Judge: Mark E. Windham, Case: 22STCP00697, Date: 2022-07-25 Tentative Ruling

Case Number: 22STCP00697 Hearing Date: July 25, 2022 Dept: 26

PETITION TO DECLARE MOBILEHOME ABANDONED

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner Cordova Estates’ Petition to Declare Mobilehome Abandoned is GRANTED. JUDGMENT TO BE ENTERED IN PETITIONER’S FAVOR IN THE AMOUNT OF $8,428.50.

ORDER TO SHOW CAUSE RE: SALE / DISPOSAL OF MOBILEHOME AND SUBMISSION OF ACCOUNTING PURSUANT TO CIVIL CODE SECTION 798.61 SET FOR JANUARY 23, 2023 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On March 1, 2022, Petitioner Cordova Estates (“Petitioner”) filed the instant Petition to Declare Mobilehome Abandoned against Respondent Rosa Clautier (“Respondent”). No opposition has been filed to date.

Discussion

Pursuant to Civil Code section 798.61, Petitioner seeks a court order deeming Respondent’s mobilehome, (“the Mobilehome”) located on Space # 314 at 27361 Sierra Highway, Canyon Country, Santa Clarita, California (“the Park”), to be abandoned, and awarding Petitioner rent and other charges due on the Mobilehome site in the amount of $842.85 per month from July 1, 2021 to April 1, 2022, plus costs. (Pet., ¶6 and Prayer ¶¶1-6.)

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, subd. (a)(1).) The Petition is supported by the declaration of Petitioner’s Property Supervisor, Nancy Must (“Must”), who states that the parties entered into an agreement for the Space in the amount of $842.85 for rent. (Pet., Must Decl., ¶9 and Exh. 3.) No rent has been paid for the Mobilehome from 60 days prior to posting a Notice of Abandonment on January 14, 2022. (Id. at ¶8 and Exh. B.) In fact, no rent has been paid since June 1, 2021. (Ibid.) The Notice of Belief of Abandonment was not only posted on, but mailed by certified mail to, the Mobilehome. (Id. at ¶8 and Exh. 2; Proof of Service, filed 4/11/22.) This evidence demonstrates that the Mobilehome is unoccupied and a reasonable person would believe the Mobilehome to be abandoned.

Therefore, Petitioner has demonstrated that the Mobilehome is abandoned within the meaning of Civil Code section 798.61, subdivision (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, subd. (b).) Petitioner attached a Notice of the Belief of Abandonment to the Petition and demonstrates that it was served on Respondent by posting and certified mail. (Pet., Must Decl., Exh. 2; Proof of Service, filed 04/11/22.) This satisfies the requirements of Civil Code, section 798.61, subdivision (b).

C. Petition for Judicial Declaration—Civ. Code § 798.61(c)

Civ. Code § 798.61(c)(1) states:

“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.” (Emphasis added.)

(Civ. Code, § 798.61, subd. (c)(1).) Santa Clarita is located within the County of Los Angeles, which is in this Court’s jurisdiction. The Court further determines that the Petition was filed more than 30 days after the Notice of Belief of Abandonment was posted. Additionally, the Petition and notice of the hearing date were served on Respondent on March 2, 2022 by certified mail with return receipt requested. (Proof of Service, filed 03/28/22.) Notice of the continued hearing date was also served on June 3, 2022. (Notice Re: Continuance, filed 05/31/22.)

D. Charges, Attorneys’ Fees and Costs

“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, subd. (d)(2).) Petitioner asks for accrued rent/storage fees on the Mobilehome in the amount $8,428.50 based on monthly rent of $842.85 per month for a period of ten months from July 1, 2022 to April 1, 2022. (Pet., Must Decl., ¶9 and Exh. 3.) Based on this evidence, Petitioner has demonstrated it is entitled to damages of $8,428.50.

Conclusion

Petitioner Cordova Estates’ Petition to Declare Mobilehome Abandoned is GRANTED. JUDGMENT TO BE ENTERED IN PETITIONER’S FAVOR IN THE AMOUNT OF $8,428.50.

Moving party to give notice.