Judge Mark E. Windham, Case 22STCP02137 2022-10-10 Tentative Ruling

Judge: Mark E. Windham, Case: 22STCP02137, Date: 2022-10-10 Tentative Ruling

Case Number: 22STCP02137 Hearing Date: October 10, 2022 Dept: 26

PETITION TO DECLARE MOBILEHOME ABANDONED

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner Sagetree Village, LLC dba Sagetree Village MHC’s Petition to Declare Mobilehome Abandoned is GRANTED. JUDGMENT TO BE ENTERED IN PETITIONER’S FAVOR IN THE AMOUNT OF $3,859.68, PLUS ACCRUING DAILY DAMAGES OF $20.64, COSTS OF $225.00 AND ATTORNEY’S FEES OF $450.00.

ORDER TO SHOW CAUSE RE: SALE / DISPOSAL OF MOBILEHOME AND SUBMISSION OF ACCOUNTING PURSUANT TO CIVIL CODE SECTION 798.61 SET FOR APRIL 10, 2023 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

SERVICE:

[X] Proof of Service Timely Filed (CRC 3.1300) OK

[X] Correct Address (CCP 1013, 1013a) OK

[X] 16/21 Day Lapse (CCP 12c and 1005(b)) OK

SUMMARY OF ACTION: Petition to declare mobilehome abandoned and recover rent, charges, fees and costs from its sale.

OPPOSITION: None filed as of October 6, 2022.

REPLY: None filed as of October 6, 2022.

ANALYSIS:

On June 6, 2022, Petitioner Sagetree Village, LLC dba Sagetree Village MHC (“Petitioner”) filed the instant Petition to Declare Mobilehome Abandoned against Respondent Heather Grimm (“Respondent”). No response to the Petition 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 # 11 at 3524 E. Avenue, Palmdale, California (“the Park”), to be abandoned, and awarding Petitioner rent due on the Mobilehome site in the amount of $ 619.26 per month from December 1, 2021 to June 6, 2022, continuing to accrue at $20.64 per day, plus costs and attorney’s fees. (Pet., ¶¶6-9 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 Community Manager, Arlene Estrada (“Estrada”), who states that the parties entered into an agreement for the Space in the amount of $619.26 for rent. (Pet., Estrdada Decl., ¶8.) No rent has been paid for the Mobilehome from 60 days prior to posting a Notice of Abandonment on February 22, 2022. (Id. at ¶7a and Exh. 2.) In fact, no rent has been paid since December 1, 2021. (Id. at ¶8.) The Notice of Belief of Abandonment was not only posted on, but mailed by certified mail with return receipt requested to, the Mobilehome. (Id. at ¶10 and Exh. 3.) 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., Estrada Decl., Exh. 3.) 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).) Palmdale 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 Hearing were served on Respondent on June 8, 2022 by posting and certified mail with return receipt requested. (Proof of Service, filed 06/29/22.)

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 $3,859.68 based on monthly rent of $619.26 per month for a period of six months from December 1, 2021 to June 6, 2022, plus accruing daily damages of $20.64. (Pet., Estrada Decl., ¶8.) Additionally, Petitioner has incurred costs of $225.00 to file the Petition and attorney’s fees of $450.00. (Id. at ¶13.) Based on this evidence, Petitioner has demonstrated it is entitled to damages of $3,859.68, plus accruing daily damages of $20.64, costs of $225.00 and attorney’s fees of $450.00.

Conclusion

Moving party to give notice.