Judge: Mark E. Windham, Case: 24STCP02545, Date: 2024-09-17 Tentative Ruling

Case Number: 24STCP02545    Hearing Date: September 17, 2024    Dept: 26

Pomona Islander, LP v. Zhao, 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 Respondent Huang Wei Zhao and Pei Fen Wang (“Respondents”) on August 12, 2024. Proof of personal service of the Petition and notice of hearing were filed on September 3, 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 Respondents from continuing violations of the rules of Petitioner’s Mobile Home Park, HiLeah Village Mobile Home Park (“the Park”), located at 1560 S. Otterbein Avenue, Rowland Heights, California. (Pet., ¶¶2-3.) Respondents’ Mobilehome is located on Space 36 of the Park. (Ibid.) Respondents’ violations include improperly storing items outside of the Mobilehome and on the Premises, failing to maintain the condition of the Mobilehome and accessory structures, failing to maintain the landscaping, and hanging laundry outside of the Mobilehome. (Id. at ¶10.) This conduct violates the parties’ Rental Agreement at paragraphs 12, and Park Rules at paragraphs B1, B2, B3, B6, C4, D3. (Id. at ¶¶9-10 and Exh. 2.)

Petitioner requests an injunction against Respondents prohibiting further violations and an award of reasonable attorney fees and costs. (Id. at pp. 9:20-10:11.)

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 September 3, 2024 that state Respondents were personally served on August 24, 2024. (Proofs of Personal Service, ¶3.) Therefore, Petitioner has provided Respondents with reasonable notice.

Substantively, the Petition is supported by declarations and exhibits documenting the parties’ contractual relationship and Respondents’ violations of the Park rules. Specifically, the declarations are of the Park’s Maintenance Supervisor, Cecilia Fernandez, and Resident Manager, Martha Plata. Plata declares that Respondents have resided at the Park since September 2006, pursuant to a written Rental Agreement. (Pet., Plata Decl., ¶2 and Exh. 1.) The Park’s Rules and Regulations are incorporated into the Lease agreement. (Id. at ¶3 and Exh. 2, ¶12.) Respondents have been in violation of the lease agreement at paragraph 12 and the Park Rules at paragraphs B1, B2, B3, B6, C4, D3 since October 2023 and thereafter. (Id. at ¶4; Fernandez Decl., ¶¶5-6 and Exhs. A-B.) Specifically, Respondents have improperly stored items outside of the Mobilehome, have damaged stairs that need to be repaired and recarpeted; have overgrown plants on the Premises; and have items blocking access to the utility pedestal (Plata Decl., ¶¶4-5 and Exhs. 3-4; Fernandez Decl., ¶¶5-6 and Exhs. A-B.)

Petitioner issued two seven-day notices to comply with Park Rules to Respondents on October 30-31, 2023 and April 11, 2024. (Pet., Plata Decl., Exhs. 3-4.) All the violations remain ongoing as of the filing of this Petition. (Pet., Plata Decl., ¶11.) 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.