Judge Mark E. Windham, Case Number: 24STCP01544, Date: 2024-09-16 Tentative Ruling

Judge: Mark E. Windham, Case: 24STCP01544, Date: 2024-09-16 Tentative Ruling

Case Number: 24STCP01544 Hearing Date: September 16, 2024 Dept: 26

Riviera Mobile Estates v. Lewis, et al.

PETITION TO DECLARE MOBILEHOME ABANDONED

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner Riviera Mobile Estates’ Petition to Declare Mobilehome Abandoned is GRANTED IN THE AMOUNT OF $9,940.44 PRINCIPAL. PETITIONER MAY MOVE FOR AN AWARD OF COURT COSTS AND ATTORNEY’S FEES.

ANALYSIS:

On May 13, 2024, Petitioner Riveria Mobile Estates (“Petitioner”) filed the instant Petition to Declare Mobilehome Abandoned against Respondents Verdell Chisolm Lewis and Jerome Lewis (“Respondent”). The Court set the Petition for hearing on September 16, 2024 and ordered Petitioner to give notice to Respondents. (Notice of Hearing, 05/13/24.) Following Respondents’ failure to file a responsive pleading, the Court entered Respondents’ default on September 10, 2024.

Discussion

Pursuant to Civil Code section 798.61, Petitioner seeks a court order deeming Respondents’ mobilehome, (“the Mobilehome”) located at 8801 Eton Avenue, Space 132, Canoga Park,, California (“the Space”), to be abandoned, and awarding Petitioner rent due on the Mobilehome site from September 1, 2023 to the present, accruing at $828.37 per month, and court costs and attorney’s fees. (Pet., ¶¶5-6 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).) As set forth in the Petition, no rent has been paid for the Premises and the Mobilehome has been unoccupied since September 2023. (Pet., ¶¶5-6.) This is supported by the declaration of Petitioner’s property manager, KC Savage (“Savage”). (Savage Decl., ¶¶5-6.) Therefore, Petitioner has demonstrated 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 Belief of Abandonment to the Petition, which was served on Respondents by posting and certified mail on February 26, 2024. (Proof of Service, filed 09/10/24.) 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).) Canoga Park 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 by Posting, filed 09/10/24.)

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 total amount of $9,940.44 based on monthly rent of 828.37 per month from September 1, 2023 through August 1, 2024. (Savage Decl., ¶¶7-8.) However, as the Petition does not set forth the amount of costs and attorney’s fees sought, Petitioner may seek that award after entry of judgment.

Conclusion

Petitioner Riviera Mobile Estates’ Petition to Declare Mobilehome Abandoned is GRANTED IN THE AMOUNT OF $9,940.44 PRINCIPAL. PETITIONER MAY MOVE FOR AN AWARD OF COURT COSTS AND ATTORNEY’S FEES.

Moving party to give notice.