This case was last updated from Los Angeles County Superior Courts on 01/11/2021 at 05:02:17 (UTC).

BOULDERS AT THE RANCH I VS ROBERT G LOZANO, ET AL.

Case Summary

On 07/20/2020 BOULDERS AT THE RANCH I filed an Other lawsuit against ROBERT G LOZANO. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2303

  • Filing Date:

    07/20/2020

  • 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

JAMES E. BLANCARTE

 

Party Details

Petitioner

BOULDERS AT THE RANCH I

Respondents

LOZANO ROBERT G

CARRANZA CYNTHA M

Attorney/Law Firm Details

Petitioner Attorney

TREVILLYAN JONATHAN T.

 

Court Documents

Declaration (name extension) - Declaration In Support of Judgment

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

Notice (name extension) - Notice Of Continuance

12/28/2020: Notice (name extension) - Notice Of Continuance

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

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

Minute Order - Minute Order (Hearing on Petition To Declare Mobilehome Abandoned)

12/10/2020: Minute Order - Minute Order (Hearing on Petition To Declare Mobilehome Abandoned)

Notice (name extension) - Notice Of Continuance

11/13/2020: Notice (name extension) - Notice Of Continuance

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

11/9/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

9/3/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

9/3/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

9/3/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

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

9/3/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

9/3/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Request for Dismissal - Request for Dismissal

9/3/2020: Request for Dismissal - Request for Dismissal

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

9/4/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

First Amended Standing Order - First Amended Standing Order

7/20/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

7/20/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition (name extension) - Petition To Declare Mobilehome Abandoned

7/20/2020: Petition (name extension) - Petition To Declare Mobilehome Abandoned

Notice of Hearing on Petition - Notice of Hearing on Petition

7/20/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

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

7/20/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

7 More Documents Available

 

Docket Entries

  • 02/03/2021
  • Hearing02/03/2021 at 11:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Petition (name extension)

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  • 12/28/2020
  • DocketNotice Of Continuance; Filed by: Boulders At The Ranch I (Petitioner); As to: Robert G Lozano (Respondent); Cyntha M Carranza (Respondent)

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  • 12/28/2020
  • DocketDeclaration In Support of Judgment; Filed by: Boulders At The Ranch I (Petitioner)

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

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  • 12/10/2020
  • DocketMinute Order (Hearing on Petition To Declare Mobilehome Abandoned)

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  • 12/10/2020
  • DocketOn the Court's own motion, Hearing on Petition To Declare Mobilehome Abandoned scheduled for 12/10/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 02/03/2021 11:00 AM

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  • 11/13/2020
  • DocketNotice Of Continuance; Filed by: Boulders At The Ranch I (Petitioner); As to: Robert G Lozano (Respondent); Cyntha M Carranza (Respondent)

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  • 11/09/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 11/09/2020
  • DocketThere being no judge available this date, Hearing on Petition To Declare Mobilehome Abandoned scheduled for 11/23/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 12/10/2020 10:00 AM

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  • 09/04/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Boulders At The Ranch I (Petitioner); As to: Robert G Lozano (Respondent); Cyntha M Carranza (Respondent)

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6 More Docket Entries
  • 09/03/2020
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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  • 09/03/2020
  • DocketProof of Service (not Summons and Complaint); Filed by: Boulders At The Ranch I (Petitioner); As to: Cyntha M Carranza (Respondent)

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  • 09/03/2020
  • DocketProof of Service (not Summons and Complaint); Filed by: Boulders At The Ranch I (Petitioner); As to: Cyntha M Carranza (Respondent)

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  • 07/20/2020
  • DocketHearing on Petition To Declare Mobilehome Abandoned scheduled for 11/23/2020 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 07/20/2020
  • DocketPetition To Declare Mobilehome Abandoned; Filed by: Boulders At The Ranch I (Petitioner); As to: Robert G Lozano (Respondent); Cyntha M Carranza (Respondent)

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  • 07/20/2020
  • DocketCivil Case Cover Sheet; Filed by: Boulders At The Ranch I (Petitioner); As to: Robert G Lozano (Respondent); Cyntha M Carranza (Respondent)

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  • 07/20/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 07/20/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/20/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 07/20/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP02303    Hearing Date: December 10, 2020    Dept: 25

HEARING DATE: Thu., December 10, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Boulders at the Ranch I v. Lozano, et al. PET. FILED: 07-07-20

CASE NUMBER: 20STCP02303 DEFAULT: 09-04-20

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 CONTINUED TO FEB 3, 2021 AT 11:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file and serve supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Petition being placed off calendar or denied.

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 December 8, 2020 [ ] Late [X] None

REPLY: None filed as of December 8, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On July 20, 2020, Petitioner Boulders at the Ranch I (“Petitioner”) filed the instant Petition to Declare Mobilehome Abandoned (the “Petition”) against Respondents Robert G. Lozano (“Lozano”) and Cynthia M. Carranza (“Carranza”). Pursuant to Civil Code section 798.61, Petitioner seeks a court order deeming Respondents’ mobilehome, described as a 2001 Spring Hill, Decal No. LBD1512, located on Space No. 214 (the “Mobilehome”) at 40701 Rancho Vista Blvd., Palmdale CA 93551 (the “Park”) to be abandoned, and to award Petitioner monthly storage charges and attorney’s fees and costs. (Pet., pp. 1-3.)

  1. Legal Standard & Discussion

  1. 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.”

Petitioner did not provide any evidence, such as a declaration from an on-site manager or copies of past-due rent notices, that demonstrate Respondents’ Mobilehome falls within the definition of “abandoned.” Thus, Petitioner is ordered to submit admissible evidence that demonstrates the Mobilehome is abandoned.

  1. 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 attached a copy of Notice of Belief of Abandonment dated June 15, 2020. (Pet., Exh. 1.) Petitioner attaches a declaration from Christian Trevillyan stating that he posted a copy of the Notice of Belief of Abandonment on the Mobilehome on June 17, 2020 and that same day, mailed via certified mail to Respondents, the only registered owners. (9/3/20 Trevillyan Decls., ¶¶ 2-3, Exhs. 3.) Thus, Petitioner has satisfied section 798.61, subdivision (b).

  1. 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 proofs of service demonstrating Respondents were served with the Petition on July 22, 2020 via certified mail at 29263 Garnet Cyn. Dr., Santa Clarita, CA 91390 and by posting a copy of it on the Mobilehome. (9/30/20 Proofs of Service.) Thus, the service requirements of Civil Code section 798.61, subdivision (c)(1), are satisfied.

  1. 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 monthly storage charges of $400.00 per month from August 1, 2019 and “other applicable charges.” (Pet., pp. 2-3.) However, no documentary evidence or basis is provided for this rate. It is also unclear what other charges Petitioner seeks to recover. Nor is any evidence submitted regarding the amount of attorney’s fees sought, such as a declaration detailing counsel’s hourly rate and time spent on this matter. Thus, Petitioner is ordered to file supplemental papers providing this information.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Boulders at the Ranch I’s Petition to Declare Mobilehome Abandoned is CONTINUED TO FEB 3, 2021 AT 11:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file and serve supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Petition being placed off calendar or denied.

Moving party is ordered to give notice.