Judge Mark E. Windham, Case Number: 24STCP00246, Date: 2024-03-07 Tentative Ruling

Judge: Mark E. Windham, Case: 24STCP00246, Date: 2024-03-07 Tentative Ruling

Case Number: 24STCP00246 Hearing Date: March 7, 2024 Dept: 26

Pomona Islander, LP v. Whitacre, et al.

PERMANENT INJUNCTION

(Civil Code § 798.88)

TENTATIVE RULING:

Petitioner Pomona Islander, LP dba Pomona Islander Mobile Home Park’s Petition for Permanent Injunction is GRANTED. PETITIONER IS TO FILE A PROPOSED JUDGMENT WITHIN TEN (10) DAYS OF THIS ORDER.

ANALYSIS:

Petitioner Pomona Islander, LP dba Pomona Islander Mobile Home Park (“Petitioner”) filed the instant Petition for Permanent Injunction Pursuant to Civil Code section 798.88 against Respondents Michael Whitacre and Eria Guaydacan (“Respondents”) on January 23, 2024. Proof of personal service of the Petition and notice of hearing were filed on February 28, 2024. 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 3667 Valley Boulevard, La Verne, California. (Pet., ¶3.) Respondent’s Mobilehome is located on Space 223 of the Park. (Ibid.) Respondent’s violations include improperly storing items outside of their Mobilehome, failing to maintain the Mobilehome and Premises, failing to maintain the landscaping on the Premises, allowing an unauthorized and unapproved person to live in the Mobilehome, and allowing that person, Arthur Gutierrez, to threaten and interfere with Park employees, residents, and management. (Id. at ¶7.) This conduct violates the parties’ Rental Agreement at paragraphs 11, and Park Rules at paragraphs B1, B2, B3, B4, B5, B9, C4, D1, and D18. (Id. at ¶¶10-13.)

Petitioner requests an injunction against Respondent prohibiting further violations and an award of reasonable attorney fees and costs. (Id. at pp. 9:26-11:6.)

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, Respondents are 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 proofs of personal service on February 28, 2024 that state Respondents were personally served on February 27, 2024. (Proofs of Personal Service, ¶3.) Therefore, Petitioner has provided Respondents with reasonable notice.

Substantively, the Petition is supported by exhibits documenting the parties’ contractual relationship and Respondent’s violations of the Park rules. Specifically, the declaration of the Park co-manager and attached exhibits demonstrate that Respondents have resided on the Premises since July 30, 2007, pursuant to a written Rental Agreement. (Pet., Churchill Decl., ¶4 and Exh. 1.) Respondents also signed a copy of the Park’s Rules when they signed the lease agreement. (Id. at Exh. B.) Respondents have been in violation of the lease agreement at paragraph 11 and the Park Rules at paragraphs B1, B2, B3, B4, B5, B9, C4, D1, and D18 since July 2023 and thereafter. (Id. at ¶¶7, 10, 13 and Exhs. C, E, G.) Specifically, Respondents have failed to maintain the landscaping, failed to maintain the Mobilehome and accessory structures in proper condition, improperly stored items including an unregistered and inoperable motor vehicle outside the Mobilehome, have an unapproved guest living in the Mobilehome on a daily basis who threatened residents and the Assistant Manager, and erected unapproved fences. (Id. at ¶¶4, 12 and Exhs. E-F; Valdivia Decl., ¶¶3-5.)

Petitioner issued two seven-day notices to comply with Park Rules to Respondents on August 16, 2023 and October 23, 2023. (Pet., Beam Decl., Exhs. 3-4.) All the violations remain ongoing as of the filing of this Petition. (Pet., Churchill Decl., ¶11, 13-14.) The Petition, therefore, provides clear and convincing evidence of Respondents’ violations of the Park’s reasonable Rules and Regulations. Nor have Respondents filed any response to the Petition.

Conclusion

Petitioner Pomona Islander, LP dba Pomona Islander Mobile Home Park’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.