Judge: Mark E. Windham, Case: 22STCP01915, Date: 2023-01-18 Tentative Ruling
Case Number: 22STCP01915 Hearing Date: January 18, 2023 Dept: 26
PERMANENT
INJUNCTION
(Civil
Code § 798.88)
TENTATIVE RULING:Petitioner Twin
Oak Mobile Home Park LP’s Petition for
Permanent Injunction is GRANTED. PETITIONER IS TO FILE A PROPOSED JUDGMENT
WITHIN TEN (10) DAYS OF THIS ORDER.
ANALYSIS:
Petitioner Twin
Oaks Mobile Home Park, LP (“Petitioner”) filed the instant Petition for
Permanent Injunction Pursuant to Civil Code section 798.88 against Belen Mora (“Respondent”) on May 19,
2022. Proof of personal service of the Petition was filed on July 27, 2022. The
Petition initially came for hearing on September 22, 2022 at which time the
matter was continued to November 17, 2022 to allow Petitioner to demonstrate
proper notice. (Minute Order, 09/22/22.) Petitioner filed a Notice of
Continuance on September 22, 2022 and proof of service of the same on September
30, 2022. On November 10, 2022, however, the Court continued the hearing again
with instruction to Petitioner to give Respondent notice of the continuance.
(Minute Order, 11/10/22.) Petitioner filed a Notice of Continuance on December 16,
2022. At the next hearing on December 21, 2022, the Court again found notice of
the hearing insufficient and ordered a continuance. (Minute Order, 12/21/22.)
Petitioner filed a Notice of Continuance on December 20, 2022. No response to
the Petition has been filed to date.
Discussion
Petitioner moves
pursuant to Civil Code section 786.88 for an order enjoining Respondent from
continuing violations of the rules of Petitioner’s Mobile Home Park, Twin Oaks
Mobile Home Park (“the Park”), located at 3800 Bradford Street, La Verne,
California. (Pet., ¶2.) Respondent’s Mobilehome is located on Space 53 of the
Park. (Id. at ¶4.) Respondent’s violations include inappropriate,
threatening, and disturbing conduct towards Park staff, management, and other
residents. (Id. at ¶7.) This conduct violates the parties’ Rental
Agreement at paragraphs 16 and 49, and Park Rules at paragraphs 4(E), 12(A),
12(D), and 12(F). (Id. at p. 4:12-14.)
Petitioner
requests an injunction against Respondent from further violations and
reasonable attorney fees and costs. (Id. at p. 4:11-26.)
Legal Standard
The Mobilehome Residency Law (“MRL”) gives management an
injunctive relief remedy for violations of reasonable park rules and
regulations. (Civ. Code, § 798.88.) Specifically, management may obtain a
restraining order against a continuing or recurring violation of any
“reasonable rule or regulation.” (Civ. Code, § 798.88, subd. (b); Rancho
Santa Paula Mobilehome Park, Ltd. v. Evans (1994) 26 Cal.App.4th 1139,
1142.) At the time of the hearing, the court shall issue the injunction if it
finds by clear and convincing evidence the existence of a continuing or
recurring violation of a “reasonable rule or regulation.” (Civ. Code, § 798.88,
subd. (d).) The duration of the injunction may not exceed three years. (Civ.
Code, § 798.88, subd. (d).)
Discussion
Although the moving statute does not provide for a specific
notice period, Respondent is entitled to reasonable notice prior to issuance of
an order on the Petition. (See Menefee & Son v. Dent. of Food
&Agriculture (1988) 199 Cal.App.3d 774, 781.) Failure to give notice is
a violation of due process. (Jones v. Otero (1984) 156 Cal.App.3d 754,
757.) Petitioner filed a proof of personal service on July 27, 2022
demonstrating that the Petition was served on Respondent on June 6, 2022.
(Proof of Personal Service, filed 07/27/22.) Notice of the new hearing date was
served on Respondent on December 20, 2022. Therefore, Petitioner has now
provided Respondent with reasonable notice.
Substantively, the Petition is verified and supported by
exhibits documenting the parties’ contractual relationship and Respondent’s
violations of the Park rules. Specifically, the exhibits demonstrate that
Respondent has resided on the Premises
since March 25, 2010, pursuant to a written Rental Agreement. (Pet., ¶4 and
Exh. A.) The Rental Agreement incorporates the Park’s Rules and Regulations,
and any amendments thereto, thereby requiring the residents to abide by the
same. (Pet., Exh. A at ¶¶16 and 49.) Respondent has been in violation of the
Park Rules at paragraphs 4(E), 12(A), 12(D), and 12(F) since November
2021 and thereafter. (Pet., ¶¶7, 10, 13
and Exhs. C, E, G.)
These violations included inappropriate, threatening, and
disturbing conduct towards Park staff, management, and other residents. (Ibid.)
Petitioner issued three seven-day notices to comply with Park Rules to
Respondents on November 11, 2021, January 19, 2022, and February 15, 2022. (Ibid.)
All the violations remain ongoing as of the filing of this Petition. (Pet.,
¶¶9, 12, 15-17.) The Petition, therefore, provides clear and convincing
evidence of Respondent’s violations of the Park’s reasonable Rules and
Regulations. Nor has Respondent filed any response to the Petition.
Conclusion
Petitioner Twin
Oak Mobile Home Park LP’s Petition for
Permanent Injunction is GRANTED. PETITIONER IS TO FILE A PROPOSED JUDGMENT
WITHIN TEN (10) DAYS OF THIS ORDER.
Moving party to give
notice.