B&D NORTON PROPERTIES, INC. VS SOPHIA PETOSKEY

Tentative Rulings

Case Number: 19STCP03112    Hearing Date: July 13, 2020    Dept: 26

PETITION TO DECLARE MOBILE HOME ABANDONED

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner B&D Norton Properties, Inc.’s Petition to Declare Mobile Home Abandoned is GRANTED.

ORDER TO SHOW CAUSE RE: SALE / DISPOSAL OF MOBILE HOME AND SUBMISSION OF ACCOUNTING PURSUANT TO CIVIL CODE SECTION 798.61 SET FOR OCTOBER 14, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

 

On July 19, 2019, Petitioner B&D Norton Properties, Inc. dba Capri Park (“Petitioner”) filed the instant Petition to Declare Mobile Home Abandoned against Respondent Sophia Petoskey (“Respondent”). Pursuant to Civil Code section 798.61, Petitioner seeks a court order deeming Respondent’s mobile home, (“the Mobile Home”) located on Space #18 at 4513 Clara Street, Cudahy, California (the “Park”), to be abandoned, awarding Petitioner rent and other charges due on the Mobile Home site, and granting attorney’s fees and costs. (Pet., ¶19.)

The Petition initially came for hearing on February 6, 2020, at which time the Court continued the matter for supplemental briefing, which was filed on February 11, 2020.

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).) Regarding the above requirements, Petitioner has only submitted exhibits regarding the Notice of Belief of Abandonment, and proof of service of the same by certified mail and posting. (Pet., Exhs. A-B.) The Petition does point out that Respondent was evicted from Space #18 pursuant to an unlawful detainer judgment issued in LASC Case No. 18NWUD00718 on July 31, 2018. Further, the supplemental declaration of Petitioner’s on-site manager, Glady Rivera, states that no rent has been paid for the space for the 60 preceding days and that a reasonable person would believe the Mobile Home to be abandoned. (Pet., Supp. Rivera Decl., ¶10.) Therefore, Petitioner has demonstrated that the Mobile Home 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 attaches a Notice of the Belief of Abandonment to the Petition, which was served on Respondent by certified mail with return receipt requested and by posting on the Mobile Home on April 30, 2019. (Pet., Exhs. A-B.) Therefore, the Court finds that Petitioner has satisfied 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).) The Court notes that Cudhay is located in the County of Los Angeles, which is within this Court’s jurisdiction. The Petition was filed more than 30 days after the Notice of Belief of Abandonment was posted. Finally, proof of service has been filed demonstrating that the Petition and Notice of Hearing were also served upon Respondent as required by Civil Code, section 798.61, subdivision (c)(1). (Proof of Service, filed 2/11/20.) Specifically, the Petition and Notice of Hearing must “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.” (Civ. Code, § 798.61, subd. (c)(1).) Therefore, Petitioner has satisfied the requirements of this section.

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 has demonstrated that it is entitled to storage fees from August 1, 2018 in the amount of $15.00 per day, for a total of $8,925.00. (Pet., Supp. Rivera Decl., ¶¶16-17.) Additionally, Petitioner is entitled to $1,000.00 in attorney’s fees and $449.50 in costs. (Id. at ¶18.)

Conclusion

Based on the foregoing, the Petition to Declare Mobile Home Abandoned is GRANTED.

 

ORDER TO SHOW CAUSE RE: SALE / DISPOSAL OF MOBILE HOME AND SUBMISSION OF ACCOUNTING PURSUANT TO CIVIL CODE SECTION 798.61 SET FOR OCTOBER 14, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice. 

Case Number: 19STCP03112    Hearing Date: February 06, 2020    Dept: 26

B&D Norton Properties, Inc. v. Petoskey, et al.

PETITION TO DECLARE MOBILEHOME ABANDONED

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner B&D Norton Properties, Inc.’s Petition to Declare Mobile Home Abandoned is CONTINUED TO APRIL 9, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PETITIONER IS TO FILE AND SERVE SUPPLEMENTAL PAPERS CORRECTING THE DEFECTS NOTED IN THE COURT’S ORDER. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

ANALYSIS:

On July 19, 2019, Petitioner B&D Norton Properties, Inc. dba Capri Park (“Petitioner”) filed the instant Petition to Declare Mobile Home Abandoned against Respondent Sophia Petoskey (“Respondent”). Pursuant to Civil Code section 798.61, Petitioner seeks a court order deeming Respondent’s mobile home, (“the Mobile Home”) located on Space #18 at 4513 Clara Street, Cudahy, California (the “Park”), to be abandoned, awarding Petitioner rent and other charges due on the Mobile Home site, and granting attorney’s fees and costs. (Pet., ¶19.)

Discussion

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).) Regarding the above requirements, Petitioner has only submitted exhibits regarding the Notice of Belief of Abandonment, and proof of service of the same by certified mail and posting. (Pet., Exhs. A-B.) The Petition does point out that Respondent was evicted from Space #18 pursuant to an unlawful detainer judgment issued in LASC Case No. 18NWUD00718 on July 31, 2018. However, no admissible evidence is submitted in support of the allegation in the Petition that no rent has been paid for the space for the 60 preceding days or the allegation that a reasonable person would believe the Mobile Home to be abandoned. Therefore, Petitioner has not demonstrated through admissible evidence that the Mobile Home 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 attaches a Notice of the Belief of Abandonment to the Petition, which was served on Respondent by certified mail with return receipt requested and by posting on the Mobile Home on April 30, 2019. (Pet., Exhs. A-B.) Therefore, the Court finds that Petitioner has satisfied 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).) The Court notes that Cudhay is located in the County of Los Angeles, which is within this Court’s jurisdiction. The Petition was filed more than 30 days after the Notice of Belief of Abandonment was posted. However, no proof of service has been filed demonstrating that the Petition and Notice of Hearing were also served upon Respondents as required by Civil Code, section 798.61, subdivision (c)(1). Specifically, the Petition and Notice of Hearing must “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.” (Civ. Code, § 798.61, subd. (c)(1).) Therefore, Petitioner has not satisfied the requirements of this section.

Conclusion

Based on the foregoing, the Petition to Declare Mobile Home Abandoned is CONTINUED TO APRIL 9, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PETITIONER IS TO FILE AND SERVE SUPPLEMENTAL PAPERS CORRECTING THE DEFECTS NOTED IN THE COURT’S ORDER. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

Moving party to give notice.