This case was last updated from Los Angeles County Superior Courts on 09/22/2021 at 16:59:14 (UTC).

BOULDERS AT RANCH I VS CAROLE FAYE MASSEY

Case Summary

On 10/16/2020 BOULDERS AT RANCH I filed an Other lawsuit against CAROLE FAYE MASSEY. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3378

  • Filing Date:

    10/16/2020

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Other

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

BOULDERS AT RANCH I

Respondent

MASSEY CAROLE FAYE

Attorney/Law Firm Details

Petitioner Attorney

TREVILLYAN JONATHAN T

 

Court Documents

Notice (name extension) - Notice OF CONTENTS OF ABANDONED MOBILEHOME AND PROCEEDS OF SALE

5/25/2021: Notice (name extension) - Notice OF CONTENTS OF ABANDONED MOBILEHOME AND PROCEEDS OF SALE

Notice of Ruling - Notice of Ruling

2/22/2021: Notice of Ruling - Notice of Ruling

Default Judgment - Default Judgment

2/19/2021: Default Judgment - Default Judgment

Minute Order - Minute Order (Hearing on Petition To Declare Mobile Home Abandoned)

2/19/2021: Minute Order - Minute Order (Hearing on Petition To Declare Mobile Home Abandoned)

Declaration (name extension) - Declaration of Jonathan T. Trevillyan in Support of Petition to Declare Mobilehome Abandoned

12/28/2020: Declaration (name extension) - Declaration of Jonathan T. Trevillyan in Support of Petition to Declare Mobilehome Abandoned

Proof of Service by Mail - Proof of Service by Mail

12/28/2020: Proof of Service by Mail - Proof of Service by Mail

Supplemental Declaration (name extension) - Supplemental Declaration In Support of Petition

12/28/2020: Supplemental Declaration (name extension) - Supplemental Declaration In Support of Petition

Declaration (name extension) - Declaration Of Mary Orr In Support Of Petition To Declare Mobilehome Abandoned

11/13/2020: Declaration (name extension) - Declaration Of Mary Orr In Support Of Petition To Declare Mobilehome Abandoned

Request for Dismissal - Request for Dismissal

11/13/2020: Request for Dismissal - Request for Dismissal

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

11/13/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Service by Posting - Proof of Service by Posting

11/13/2020: Proof of Service by Posting - Proof of Service by Posting

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

11/13/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

First Amended Standing Order - First Amended Standing Order

10/16/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

10/16/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition (name extension) - Petition To Declare Mobile Home Abandoned

10/16/2020: Petition (name extension) - Petition To Declare Mobile Home Abandoned

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

10/16/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

10/16/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

5 More Documents Available

 

Docket Entries

  • 05/25/2021
  • DocketNotice OF CONTENTS OF ABANDONED MOBILEHOME AND PROCEEDS OF SALE; Filed by: Boulders At Ranch I (Petitioner); As to: Carole Faye Massey (Respondent)

    Read MoreRead Less
  • 02/22/2021
  • DocketNotice of Ruling; Filed by: Boulders At Ranch I (Petitioner)

    Read MoreRead Less
  • 02/19/2021
  • DocketCourt orders judgment entered for Petitioner Boulders At Ranch I against Respondent Carole Faye Massey on the Petition filed by Boulders At Ranch I on 10/16/2020 for damages of $1,600.00 for a total of $1,600.00.; Other: That the mobilehome described as a 1985 Sahara, Decal Number LAF9517, Serial Numbers KBCASNA515481/KBCASNB515481, occupying 40701 Rancho Vista Blvd Sp 145, Palmdale, California 93551 is hereby declared abandoned.

    Read MoreRead Less
  • 02/19/2021
  • DocketDefault Judgment; Signed and Filed by: Boulders At Ranch I (Petitioner); As to: Carole Faye Massey (Respondent)

    Read MoreRead Less
  • 02/19/2021
  • DocketMinute Order (Hearing on Petition To Declare Mobile Home Abandoned)

    Read MoreRead Less
  • 02/19/2021
  • DocketHearing on Petition To Declare Mobile Home Abandoned scheduled for 02/19/2021 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/19/2021; Result Type to Held - Motion Granted

    Read MoreRead Less
  • 12/28/2020
  • DocketSupplemental Declaration In Support of Petition; Filed by: Boulders At Ranch I (Petitioner)

    Read MoreRead Less
  • 12/28/2020
  • DocketDeclaration of Jonathan T. Trevillyan in Support of Petition to Declare Mobilehome Abandoned; Filed by: Boulders At Ranch I (Petitioner)

    Read MoreRead Less
  • 12/28/2020
  • DocketProof of Service by Mail; Filed by: Boulders At Ranch I (Petitioner); As to: Carole Faye Massey (Respondent)

    Read MoreRead Less
  • 11/13/2020
  • DocketDeclaration Of Mary Orr In Support Of Petition To Declare Mobilehome Abandoned; Filed by: Boulders At Ranch I (Petitioner)

    Read MoreRead Less
3 More Docket Entries
  • 11/13/2020
  • DocketOn the Petition filed by Boulders At Ranch I on 10/16/2020, entered Request for Dismissal without prejudice filed by Boulders At Ranch I, does 1-10

    Read MoreRead Less
  • 11/13/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Boulders At Ranch I (Petitioner); As to: Carole Faye Massey (Respondent)

    Read MoreRead Less
  • 11/13/2020
  • DocketRequest for Dismissal; Filed by: Boulders At Ranch I (Petitioner)

    Read MoreRead Less
  • 10/16/2020
  • DocketHearing on Petition To Declare Mobile Home Abandoned scheduled for 02/19/2021 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 10/16/2020
  • DocketPetition To Declare Mobile Home Abandoned; Filed by: Boulders At Ranch I (Petitioner); As to: Carole Faye Massey (Respondent)

    Read MoreRead Less
  • 10/16/2020
  • DocketCivil Case Cover Sheet; Filed by: Boulders At Ranch I (Petitioner); As to: Carole Faye Massey (Respondent)

    Read MoreRead Less
  • 10/16/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

    Read MoreRead Less
  • 10/16/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 10/16/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 10/16/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

    Read MoreRead Less

Tentative Rulings

Case Number: 20STCP03378    Hearing Date: February 19, 2021    Dept: 25

HEARING DATE:   Fri., February 19, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Boulders at the Ranch I v. Massey PET. FILED: 10-16-20

CASE NUMBER:     20STCP03378 DEFAULT: 11-13-20

NOTICE:   OK

PROCEEDINGS:     PETITION TO DECLARE MOBILEHOME ABANDONED

MOVING PARTY:   Petitioner Boulders at the Ranch I

RESP. PARTY: None

PETITION TO DECLARE MOBILEHOME ABANDONED

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner Boulders at the Ranch I’s Petition to Declare Mobilehome Abandoned is GRANTED. Judgment against Respondent Carole Fay Massey to be entered in the amount of $1,600.00.

SERVICE

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of February 16, 2021    [   ] Late [X] None

REPLY: None filed as of February 16, 2021    [   ] Late [X] None

ANALYSIS:

I. Background

On October 16, 2021, Petitioner Boulders at the Ranch I (“Petitioner”) filed the instant Petition to Declare Mobilehome Abandoned (the “Petition”) against Respondent Carole Fay Massey (“Respondent”). Pursuant to Civil Code section 798.61, Petitioner seeks a court order deeming Respondent’s mobilehome, described as a 1985 Sahara, Decal No. LAF9517, located on Space No. 145 (the “Mobilehome”) at 40701 Rancho Vista Blvd., Palmdale CA, 93551 (the “Park”) to be abandoned and awarding charges, attorney’s fees, and costs. (Pet., pp. 1-3.)

To date, no opposition has been filed.

II. Legal Standard & 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.”

Regarding the above requirements, Petitioner submits the declaration of Mary Orr (“Orr”), the property manager for the Park. (11/13/20 Orr Decl., ¶ 2.) Therein she states that no rent has been paid to Petitioner since July 1, 2020 and that the Mobilehome has been unoccupied since at least September 15, 2020. (Id. at ¶¶ 7-8.) Orr also states that the Mobilehome is not permanently affixed to the space. (Id. at ¶ 8.)

Based on the foregoing, Petitioner demonstrated the Mobilehome 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.”

Petitioner attaches a copy of the Notice of Belief of Abandonment dated September 15, 2020 (the “Notice”). (11/13/20 Orr Decl., ¶ 6, Exh. 1.) The Notice was mailed via certified mail and posted on the Mobilehome on September 15, 2020. (Id.; 11/13/20 Christian Trevillyan Decl., ¶¶ 2-3, Exh. 3.) Thus, Petitioner has satisfied section 798.61, subdivision (b).

 

C. Petition for Judicial Declaration—Civ. Code § 798.61(c)

Civil Code section 798.61, subdivision (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.” 

Petitioner filed a proof of service demonstrating Respondent was served with the Petition and Notice of Hearing by certified mail on October 19, 2020 and by posting a copy of the documents on the Mobilehome on October 20, 2020. (11/13/20 Proof of Service.) Petitioner’s supplemental papers were also served via mail. (12/28/20 Supplemental Papers, Proofs of Service.) Thus, the service requirements of Civil Code section 798.61, subdivision (c)(1), are satisfied.

 

D. Charges, Attorney’s Fees, and Costs

Civil Code section 798.61, subdivision (d)(2) states:

“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.”

 

Petitioner seeks rent charges of $1,600.00 based on $400 per month from August 1, 2020 through November 1, 2020. (12/28/20 Supp. Orr Decl., ¶ 8.) As evidence, Petitioner submits a copy of a billing statement demonstrating Respondent was paying $400.00 in rent every month. (Id., Exh. 5.) As for attorney’s fees, Petitioner has chosen to forego them as “collection is virtually impossible.” (12/28/20 Jonathan Trevillyan Decl., ¶ 6.) Accordingly, no attorney’s fees are awarded.

 

III. Conclusion & Order

 

For the foregoing reasons, Petitioner Boulders at the Ranch I’s Petition to Declare Mobilehome Abandoned is GRANTED. Judgment against Respondent Carole Fay Massey to be entered in the amount of $1,600.00.

Moving party is ordered to give notice.
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where BOULDERS AT THE RANCH I is a litigant

Latest cases represented by Lawyer JONATHAN T. TREVILLYAN