This case was last updated from Los Angeles County Superior Courts on 07/31/2019 at 00:13:01 (UTC).

BOULDERS AT THE RANCH I VS LYDIA L BROWN

Case Summary

On 03/25/2019 a Other case was filed by BOULDERS AT THE RANCH I against LYDIA L BROWN in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0907

  • Filing Date:

    03/25/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

WENDY CHANG

 

Party Details

Petitioner

BOULDERS AT THE RANCH I

Respondent

BROWN LYDIA L

 

Court Documents

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

7/22/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

3/25/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

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

3/25/2019: Petition (name extension) - Petition Petition To Declare Mobile Home Abandoned

Civil Case Cover Sheet - Civil Case Cover Sheet

3/25/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

3/25/2019: First Amended Standing Order - First Amended Standing Order

Notice of Hearing on Petition - Notice of Hearing on Petition

3/25/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

 

Docket Entries

  • 07/22/2019
  • Proof of Service (not Summons and Complaint); Filed by: Boulders At The Ranch I (Petitioner); As to: Lydia L Brown (Respondent)

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  • 03/25/2019
  • Petition Petition To Declare Mobile Home Abandoned; Filed by: Boulders At The Ranch I (Petitioner); As to: Lydia L Brown (Respondent)

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  • 03/25/2019
  • Civil Case Cover Sheet; Filed by: Boulders At The Ranch I (Petitioner); As to: Lydia L Brown (Respondent)

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  • 03/25/2019
  • Notice of Hearing on Petition; Filed by: Clerk

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  • 03/25/2019
  • Notice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/25/2019
  • First Amended Standing Order; Filed by: Clerk

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  • 03/25/2019
  • Hearing on Petition Petition To Declare Mobile Home Abandoned scheduled for 07/29/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/25/2019
  • Case assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STCP00907    Hearing Date: December 10, 2019    Dept: 94

 

PETITION TO DECLARE MOBILEHOME ABANDONED

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner Boulders at the Ranch I’s Petition to Declare Mobile Home Abandoned is GRANTED.

SUMMARY OF ACTION: Petition to declare mobile home abandoned and recover rent, charges, fees and costs from its sale.

ANALYSIS:

On March 25, 2019, Petitioner Boulders at the Ranch I (“Petitioner”) filed the instant Petition to Declare Mobile Home Abandoned against Respondent Lydia L. Brown (“Respondent”). Pursuant to Civ. Code § 798.61, Petitioner seeks a court order deeming Respondent’s mobile home, located on Space #200 (“the Mobile Home”) at 40701 Rancho Vista Boulevard, Palmdale, 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., p. 3.) The matter initially came for hearing on July 29, 2019, at which time the Court ordered Petitioner to file and serve supplemental filing and give notice of the order to Respondent. On September 24, 2019, Petitioner filed supplemental papers as ordered. On October 3, 2019, the Court continued the hearing to December 10, 2019 at the request of Respondent.

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 the declaration of Mary Orr, its property manager. (Pet., Orr Decl., ¶3.) Therein she states that no rent or other charges have been paid for space occupied by the Mobilehome since July 2018. (Id. at ¶¶7-8.) 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 and proof that it was served by posting and certified mail on January 30, 2019. (Pet., Orr Decl., ¶7 and Exh. 1.) 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 Petition was timely filed more than 30 days after the Notice of Belief of Abandonment was posted, as required by Civil Code, section 798.61, subdivision (c)(1). The court does note that the Palmdale is located in the County of Los Angeles, which is within this Court’s jurisdiction.

Conclusion

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

Petitioner to give notice.