Judge: Mark E. Windham, Case: 24STCP01494, Date: 2024-09-11 Tentative Ruling

Case Number: 24STCP01494    Hearing Date: September 11, 2024    Dept: 26

Sierra MHP Associates, LP v. Christman, et al.

PETITION TO DECLARE MOBILEHOME ABANDONED 

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner Sierra MHP Associates, LP’s Petition to Declare Mobilehome Abandoned is CONTINUED TO DECEMBER 11, 2024 AT 8:30 AM IN DEPARTMENT 24 IN THE SPRING STREET COURTHOUSE. BY NOVEMBER 13, 2024, PETITIONER IS TO FILE AND SERVE SUPPLEMENTAL PAPERS ADDRESSING THE CONTINUATION OF THIS ACTION WITH RESPECT TO RESPONDENT SHARI CHRISTMAN.

ANALYSIS:

On May 8, 2024, Petitioner Sierra MHP Associates, LP (“Petitioner”) filed the instant Petition to Declare Mobilehome Abandoned against Respondents Sheri Christman (“Respondent Christman”) and Dennis Kellingsworth (“Respondent Kellingsworth”). On July 10, 2024, the Court entered Petitioner’s request for entry of default against Respondents. 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 18204 Soledad Canyon Road, Space 13, Santa Clarita, California (“the Space”), to be abandoned, and awarding Petitioner rent due on the Mobilehome site from November 1, 2023 to the present, accruing at $680.31 per month, attorney’s fees, and court costs. (Pet., ¶26 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.

(C) A reasonable person would believe it to be abandoned.

(D) It is not permanently affixed to the land.

(Civ. Code, § 798.61, subd. (a)(1).) As set forth in the supporting declaration, no rent has been paid for the Premises and the Mobilehome has been unoccupied since November 2023. (Pet., Torres Decl., ¶7.) However, the supporting declaration, by Petitioner’s on-site manager, also states that Respondent Christman, the registered owner of record of the Mobilehome, is deceased. (Id. at ¶16.) No other information is provided, including Respondent Christman’s date of death. Under Code of Civil Procedure section 377.40, “a cause of action against a decedent that survives may be asserted against the decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest.” Petitioner must address the manner in which this Petition may be asserted against Respondent Christman’s personal representative or successor in interest.

Conclusion

Petitioner Sierra MHP Associates, LP’s Petition to Declare Mobilehome Abandoned is CONTINUED TO DECEMBER 11, 2024 AT 8:30 AM IN DEPARTMENT 24 IN THE SPRING STREET COURTHOUSE. BY NOVEMBER 13, 2024, PETITIONER IS TO FILE AND SERVE SUPPLEMENTAL PAPERS ADDRESSING THE CONTINUATION OF THIS ACTION WITH RESPECT TO RESPONDENT SHARI CHRISTMAN.

Moving party to give notice.