Judge Mark E. Windham, Case Number: 23STCP00962, Date: 2023-11-07 Tentative Ruling

Judge: Mark E. Windham, Case: 23STCP00962, Date: 2023-11-07 Tentative Ruling

Case Number: 23STCP00962 Hearing Date: March 20, 2024 Dept: 26

Sun-West Properties and Investments, Inc. v. Garcia, et al.

PETITION TO DECLARE MOBILEHOME ABANDONED

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner Sun-West Properties and Investments, Inc. dba Sunrise Estates’ Petition to Declare Mobilehome Abandoned is GRANTED IN THE AMOUNT OF $17,019.98 PRINCIPAL, $2,1650.00 ATTORNEY’S FEES, and $471.29 COSTS. THE PROPOSED JUDGMENT FILED ON MARCH 31, 2024 IS SIGNED AND ENTERED THIS DATE.

ANALYSIS:

On March 27, 2023, Petitioner Sun-West Properties and Investments, Inc. dba Sunrise Estates (“Petitioner”) filed the instant Petition to Declare Mobilehome Abandoned against Respondents Dennis Garcia aka Dennis J. Garcia (“Respondent Garcia”), Eugenia Cruz aka Eugenia A. Cruz (“Respondent Cruz”), and Greentree ACPT, Inc. (“Respondent Greentree”). Petitioner’s first request for entry of default against Respondents was rejected by the clerk’s office on June 12, 2023.

The instant Petition came for hearing on July 31, 2023 and was continued to allow Petitioner to correct deficiencies in service and supporting evidence. (Minute Order, 07/31/23.) On July 31, 2023, the clerk’s office rejected Petitioner’s second request for entry of default. Petitioner also filed proof of substitute service on July 31, 2023.

The Petition next came for hearing on November 7, 2023 and was continued to November 29, 2023. (Minute Order, 11/29/23.) The hearing was again continued to December 18, 2023. (Minute Order, 11/29/23.) Also, on December 1, 2023, the Court entered default against Respondents Garcia and Cruz. (Request for Entry of Judgment, 12/01/23.) On December 18, 2023, the Court and Petitioner’s counsel conferred regarding the status of Respondent Greentree and the hearing was continued to March 20, 2024. (Minute Order, 12/18/23.) On January 29, 2024, the Court entered default Respondent Greentree’s default. To date, no response to the Petition has been filed.

Discussion

Pursuant to Civil Code section 798.61, Petitioner seeks a court order deeming Respondents’ mobilehome, (“the Mobilehome”) located at 45131 N. 28th Street E, Space 3, Lancaster California (“the Space”), to be abandoned, and awarding Petitioner rent due on the Mobilehome site from January 1, 2021 to the present, accruing at $403.90 per month, plus other charges, attorney’s fees, and costs. (Pet., ¶¶6-10 and Prayer ¶¶1-7.)

A. Determination of “Abandoned Mobilehome”—Civ. Code § 798.61(a)(1)

As default has now been entered against all Respondents, the allegations of the petition to declare the Mobilehome abandoned are deemed to be admitted. (See Coordinated Const., Inc. v. J. M. Arnoff Co. (1965) 238 Cal.App.2d 313, 318.) 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).) As set forth in the Petition, no rent has been paid for the Premises and the Mobilehome has been unoccupied since January 2021. (Pet., ¶6.) Petitioner believes the Mobilehome to be abandoned. (Ibid.) Therefore, the Petition demonstrates that the Mobilehome is unoccupied and that a reasonable person would believe the Mobilehome to be 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 Abandonment to the Petition, which indicates that it was served on Respondents by posting and certified mail. (Pet., Exh. 1.) Therefore, Petitioner has satisfied the requirements of Civil Code, section 798.61, subdivision (b).

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

Civil Code, section 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).) Lancaster is located within the County of Los Angeles, which is within this Court’s jurisdiction. The instant Petition was filed more than 30 days after the Notice of Abandonment was posted. Petitioner has shown proper service of the Petition and initial Notice of Hearing on Respondents. (Proofs of Service, filed 06/12/23 and 07/31/23.)

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 Space in the amount of $14,822.12 based on monthly rent of $403.90 per month from January 1, 2021 through February 2024, plus other charges, attorney’s fees, and costs. (Decl, filed 03/13/24, ¶5.) Accordingly, damages are awarded as follows: Rent from January 1, 2021 to February 13, 2024 is $14,822.12; utilities (electric) and other charges (sewer, water, trash) are $2,197.86. (Id. at ¶6.) Petitioner incurred attorney’s fees of $2,165.00 and costs of $471.29. (Decl. Re Attorney’s Fees and Costs, filed 03/13/24, ¶¶4-5.)

Conclusion

Moving party to give notice.