Judge Mark E. Windham, Case Number: 23STCP03078, Date: 2024-01-16 Tentative Ruling

Judge: Mark E. Windham, Case: 23STCP03078, Date: 2024-01-16 Tentative Ruling

Case Number: 23STCP03078 Hearing Date: January 16, 2024 Dept: 26

Gemstone, LLC v. LaPointe, et al.

PETITION TO DECLARE MOBILEHOME ABANDONED

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner Gemstone, LLC’s Petition to Declare Mobilehome Abandoned is GRANTED. JUDGMENT TO BE ENTERED IN PETITIONER’S FAVOR IN THE AMOUNT OF $14,869.44 PRINCIPAL, $836.08 ATTORNEY’S FEES, AND $564.57 COSTS. PROPOSED JUDGMENT FILED ON OCTOBER 17, 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 APRIL 16, 2024 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On August 23, 2023, Petitioner Gemstone, LLC (“Petitioner”) filed the instant Petition to Declare Mobilehome Abandoned against Respondent Patricia Mae LaPointe (“Respondent”). Following no response to the Petition, default was entered against Respondent on September 25, 2023. Petitioner filed a supplemental declaration on January 8, 2024.

Discussion

Pursuant to Civil Code section 798.61, Petitioner seeks a court order deeming the mobilehome (“the Mobilehome”), located at 2451 W. Soledad Canyon Road, Space No. 9, Acton, California (“the Space”), to be abandoned, and awarding Petitioner rent due on the Mobilehome site from June 1, 2021 to the present, accruing at $561.00 per month, plus other applicable charges, costs, and attorney’s fees. (Pet., ¶¶6, 17.)

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 verified Petition and supporting declaration attest that Respondent is the owner of the Mobilehome that occupies the Space. (Pet., ¶6 and Exh. A at pp. 15-16; Supp. Schell Decl., ¶4.) In 2015, Respondent entered into a lease agreement with Petitioner for the Space on which the Mobilehome is located. (Pet., Exh. A; Supp. Schell Decl., Exh. A.) A Notice of Belief of Abandonment on the Mobilehome was posted on August 31, 2022. (Id. at Exh. 2.) 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. (Id. at Exhs. B-C.) 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., Exhs. B-C.) 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).) Acton 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 August 24, 2023 by posting and certified mail with return receipt requested. (Proofs of Service by Posting, filed 09/06/23.)

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 $14,869.44 for rental/storage charges accruing from June 1, 2021, through October 12, 2023, attorney’s fees of $836.08, and costs of $564.57.

Conclusion

Moving party to give notice.