Judge Mark E. Windham, Case Number: 23STCP02228, Date: 2023-11-14 Tentative Ruling

Judge: Mark E. Windham, Case: 23STCP02228, Date: 2023-11-14 Tentative Ruling

Case Number: 23STCP02228 Hearing Date: November 14, 2023 Dept: 26

Covina Hills MHC v. Miranda, et al.

PETITION TO DECLARE MOBILEHOME ABANDONED
(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner Covina Hills MHC’s Petition to Declare Mobilehome Abandoned is GRANTED. JUDGMENT TO BE ENTERED IN PETITIONER’S FAVOR IN THE AMOUNT OF $11,380.00 PRINCIPAL AND $370.00 COSTS. PROPOSED JUDGMENT FILED ON OCTOBER 5, 2023 TO BE SIGNED THIS DATE.

ORDER TO SHOW CAUSE RE: SALE / DISPOSAL OF MOBILEHOME AND SUBMISSION OF ACCOUNTING PURSUANT TO CIVIL CODE SECTION 798.61 IS SET FOR JANUARY 23, 2024 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On June 26, 2023, Petitioner Covina Hills MHC (“Petitioner”) filed the instant Petition to Declare Mobilehome Abandoned against Respondents Daniel Miranda (“Respondent Miranda”), Adam Blackmur (“Respondent Adam”), and Kathryne Blackmur (“Respondent Kathryne”). Following no response to the Petition, default was entered against Respondents on October 4, 2023.

Discussion

Pursuant to Civil Code section 798.61, Petitioner seeks a court order deeming the mobilehome (“the Mobilehome”), located at 17350 E. Temple Ave Space 271, La Verne, California (“the Space”), to be abandoned, and awarding Petitioner rent due on the Mobilehome site from November 1, 2022 to the present, accruing at $1,138.00 per month, plus other applicable charges, costs, and attorney’s fees. (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 manager, Sofia Lopez, who states that Respondents Adam and Kathryne are the registered owners of the Mobilehome and that Respondent Miranda is the pending owner of the Mobilehome. (Pet., Lopez Decl., ¶4 and Exh. 2.) Lopez goes on to declare that no rent has been paid for the Space since October 2022, and the mobile home has been unoccupied for at least two months prior to May 22, 2023. (Pet., Lopez Decl., ¶5 and Exh. 1.) A Notice of Abandonment on the Mobilehome was posted on May 22, 2023. (Id. at Exh. 1.) The Notice of Belief of Abandonment was posted on and mailed by certified mail with return receipt requested to the Mobilehome but no response has been made. (Proof of Service by Posting, filed 10/05/23.) 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 Respondents by posting and certified mail. (Pet., Lopez Decl., Exh. 1; Proof of Service by Posting, filed 10/05/23.) 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).) La Verne is located within the County of Los Angeles, which is within 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 Respondents on June 27, 2023 by posting and certified mail with return receipt requested. (Proofs of Service by Posting, filed 10/04/23.)

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 $11,380.00 based on monthly rent of $1,138.00 per month from November 1, 2022 through August 1, 2023. (Pet., Lopez Decl., ¶¶7-8 and Exh. 3.) No specific amount of costs or attorney’s fees are sought in the Petition, however, the proposed judgment seeks filing fees of $370.00. Accordingly, costs of $370.00 are awarded.

Conclusion

Moving party to give notice.