This case was last updated from Los Angeles County Superior Courts on 09/26/2020 at 00:57:55 (UTC).

BOULDERS AT THE LAKE VS PAUL J BURKE

Case Summary

On 03/18/2020 BOULDERS AT THE LAKE filed an Other lawsuit against PAUL J BURKE. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1148

  • Filing Date:

    03/18/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Petitioner

BOULDERS AT THE LAKE

Respondent

BURKE PAUL J

Attorney/Law Firm Details

Petitioner Attorney

TREVILLYAN JONATHAN T

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition To Declare Mobile Home Abandoned) of 09/24/2020

9/24/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition To Declare Mobile Home Abandoned) of 09/24/2020

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

9/24/2020: Minute Order - Minute Order (Hearing on Petition To Declare Mobile Home Abandoned)

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

6/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

3/18/2020: Petition (name extension) - Petition To Declare Mobile Home Abandoned

Civil Case Cover Sheet - Civil Case Cover Sheet

3/18/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Notice of Hearing on Petition - Notice of Hearing on Petition

3/18/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

First Amended Standing Order - First Amended Standing Order

3/18/2020: First Amended Standing Order - First Amended Standing Order

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

3/18/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 09/24/2020
  • DocketMinute Order (Hearing on Petition To Declare Mobile Home Abandoned)

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  • 09/24/2020
  • DocketCertificate of Mailing for (Hearing on Petition To Declare Mobile Home Abandoned) of 09/24/2020; Filed by: Clerk

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  • 09/24/2020
  • DocketHearing on Petition To Declare Mobile Home Abandoned scheduled for 09/24/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/24/2020; Result Type to Held

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  • 06/16/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 06/16/2020
  • DocketReset - Court Unavailable, Hearing on Petition To Declare Mobile Home Abandoned scheduled for 07/22/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 09/24/2020 10:30 AM

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  • 03/18/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 03/18/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/18/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 03/18/2020
  • DocketCivil Case Cover Sheet; Filed by: Boulders At The Lake (Petitioner); As to: Paul J Burke (Respondent)

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  • 03/18/2020
  • DocketPetition To Declare Mobile Home Abandoned; Filed by: Boulders At The Lake (Petitioner); As to: Paul J Burke (Respondent)

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  • 03/18/2020
  • DocketHearing on Petition To Declare Mobile Home Abandoned scheduled for 07/22/2020 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 03/18/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP01148    Hearing Date: September 24, 2020    Dept: 26

Boulders at the Lake v. Burke, et al.

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner Boulders at the Lake’s Amended Petition to Declare Mobile Home Abandoned is DENIED.

ANALYSIS:

On March 18, 2020, Petitioner Boulders at the Lake (“Petitioner”) filed a Petition to Declare Mobile Home Abandoned against Respondent Paul J. Burke (“Respondent”). The Petition was initially set for hearing on July 22, 2020, then continued prior to the hearing to September 24, 2020.

To date, no opposition has been filed.

Discussion

Pursuant to Civil Code section 798.61, Petitioner seeks a court order deeming Respondent’s mobile home, (“the Mobile Home”) located on Space #155 at 1030 E. Ave S., Palmdale, California (the “Park”), to be abandoned, awarding Petitioner rent, storage costs, and other charges due on the Mobile Home site, and granting attorney’s fees and costs. (Pet., 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).) Petitioner has not submitted evidence to show that the Mobile Home is currently unoccupied. The only evidence attached to the Petition is a copy of the 30-day Notice of Belief of Abandonment and a title search showing that Respondent is the registered owner of the Mobile Home. (Pet., Exhs. 1-2.) Neither document is authenticated. In any event, neither document shows anything regarding the rent paid or whether a reasonable person would believe the Mobile Home is abandoned. Therefore, Petitioner has not 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 but offers no proof of its service or posting. (Pet., Exh. 1.) Therefore, Petitioner has not 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 City of Palmdale is located in the County of Los Angeles, which is within this Court’s jurisdiction. The Court, however, cannot determine that the Petition was filed more than 30 days after the Notice of Belief of Abandonment was posted (if it was posted). Nor has Petitioner filed proof of service of the Petition or Notice of Hearing. The Court had instructed Petitioner to give Respondent notice of the hearing dates. Therefore, the requirements of Civil Code, section 798.61, subdivision (c)(1) have not been satisfied.

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 not demonstrated that it is entitled to rent, storage fees or charges with respect to the Mobile Home. Nor is any evidence presented with respect to attorney’s fees or costs.

Conclusion

The Petition to Declare Mobile Home Abandoned is DENIED.

Moving party to give notice.