This case was last updated from Los Angeles County Superior Courts on 10/11/2021 at 11:04:54 (UTC).

CARITAS ACQUISITIONS I, LLC VS THEADORE MELENDREZ

Case Summary

On 12/31/2020 CARITAS ACQUISITIONS I, LLC filed an Other lawsuit against THEADORE MELENDREZ. 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 Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4291

  • Filing Date:

    12/31/2020

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Other

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Petitioner

CARITAS ACQUISITIONS I LLC DBA BRIERWOOD MOBILE HOME PARK

Respondent

MELENDREZ THEADORE AKA THEODORE A MELENDREZ

Attorney/Law Firm Details

Petitioner Attorney

DUARTE SHADEE R.

 

Court Documents

Declaration (name extension) - Declaration of Inventory

6/3/2021: Declaration (name extension) - Declaration of Inventory

Declaration (name extension) - Declaration Accounting of Monies from Sale

7/14/2021: Declaration (name extension) - Declaration Accounting of Monies from Sale

Declaration (name extension) - Declaration of Shadee R. Duarte re Petition for Default Judgment of Abandonment

5/5/2021: Declaration (name extension) - Declaration of Shadee R. Duarte re Petition for Default Judgment of Abandonment

Brief (name extension) - Brief Re Hearing on Petition for Default Judgment of Abandonment

5/5/2021: Brief (name extension) - Brief Re Hearing on Petition for Default Judgment of Abandonment

Proof of Service by Mail - Proof of Service by Mail

5/5/2021: Proof of Service by Mail - Proof of Service by Mail

Declaration (name extension) - Declaration AMENDED DECLARATION BY SHADEE R. DUARTE

5/5/2021: Declaration (name extension) - Declaration AMENDED DECLARATION BY SHADEE R. DUARTE

Declaration (name extension) - Declaration OF JESSICA BRUNES

5/5/2021: Declaration (name extension) - Declaration OF JESSICA BRUNES

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

5/5/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Minute Order - Minute Order (Hearing on Petition For Declaration of Abandonment)

5/6/2021: Minute Order - Minute Order (Hearing on Petition For Declaration of Abandonment)

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

2/10/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Dismissal - Request for Dismissal

2/10/2021: Request for Dismissal - Request for Dismissal

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

2/5/2021: 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

2/5/2021: 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)

1/22/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Declaration (name extension) - Declaration Amended Jessica Brunes in support of Abandonment Petition

1/13/2021: Declaration (name extension) - Declaration Amended Jessica Brunes in support of Abandonment Petition

Petition (name extension) - Petition For Declaration of Abandonment

12/31/2020: Petition (name extension) - Petition For Declaration of Abandonment

Notice (name extension) - Notice Of Hearing on Petition for Declaration of Abandonment of Mobilehome; Memorandum of Points and Authorities; Declarations of Jessica Brunes and Shadee R. Duarte

12/31/2020: Notice (name extension) - Notice Of Hearing on Petition for Declaration of Abandonment of Mobilehome; Memorandum of Points and Authorities; Declarations of Jessica Brunes and Shadee R. Duarte

Civil Case Cover Sheet - Civil Case Cover Sheet

12/31/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

11 More Documents Available

 

Docket Entries

  • 07/14/2021
  • DocketDeclaration Accounting of Monies from Sale; Filed by: CARITAS ACQUISITIONS I, LLC (Petitioner)

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  • 06/03/2021
  • DocketDeclaration of Inventory; Filed by: CARITAS ACQUISITIONS I, LLC (Petitioner)

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  • 05/18/2021
  • DocketCourt orders judgment entered for Petitioner CARITAS ACQUISITIONS I, LLC DBA BRIERWOOD MOBILE HOME PARK against Respondent THEADORE MELENDREZ AKA THEODORE A MELENDREZ on the Petition filed by CARITAS ACQUISITIONS I, LLC on 12/31/2020 for the principal amount of $4,765.79 for a total of $4,765.79.; Other: Petitioner is hereby granted an award of daily accruing rent at the rate of $12.59 per day and charges up to the date of judgment.

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  • 05/18/2021
  • DocketJudgment per Court Minute Order; Signed and Filed by: CARITAS ACQUISITIONS I, LLC (Petitioner); As to: THEADORE MELENDREZ (Respondent)

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  • 05/06/2021
  • DocketMinute Order (Hearing on Petition For Declaration of Abandonment)

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  • 05/06/2021
  • DocketCertificate of Mailing for (Hearing on Petition For Declaration of Abandonment) of 05/06/2021; Filed by: Clerk

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  • 05/06/2021
  • DocketHearing on Petition For Declaration of Abandonment scheduled for 05/06/2021 at 08:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 05/06/2021; Result Type to Held

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  • 05/05/2021
  • DocketBrief Re Hearing on Petition for Default Judgment of Abandonment; Filed by: CARITAS ACQUISITIONS I, LLC (Petitioner)

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  • 05/05/2021
  • DocketProof of Service by Mail; Filed by: CARITAS ACQUISITIONS I, LLC (Petitioner); As to: THEADORE MELENDREZ (Respondent)

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  • 05/05/2021
  • DocketDeclaration of Shadee R. Duarte re Petition for Default Judgment of Abandonment; Filed by: CARITAS ACQUISITIONS I, LLC (Petitioner)

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9 More Docket Entries
  • 01/22/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: CARITAS ACQUISITIONS I, LLC (Petitioner); As to: THEADORE MELENDREZ (Respondent)

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  • 01/13/2021
  • DocketDeclaration Amended Jessica Brunes in support of Abandonment Petition; Filed by: CARITAS ACQUISITIONS I, LLC (Petitioner)

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  • 12/31/2020
  • DocketHearing on Petition For Declaration of Abandonment scheduled for 05/06/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 12/31/2020
  • DocketPetition For Declaration of Abandonment; Filed by: CARITAS ACQUISITIONS I, LLC (Petitioner); As to: THEADORE MELENDREZ (Respondent)

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  • 12/31/2020
  • DocketNotice Of Hearing on Petition for Declaration of Abandonment of Mobilehome; Memorandum of Points and Authorities; Declarations of Jessica Brunes and Shadee R. Duarte; Filed by: CARITAS ACQUISITIONS I, LLC (Petitioner); As to: THEADORE MELENDREZ (Respondent)

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  • 12/31/2020
  • DocketCivil Case Cover Sheet; Filed by: CARITAS ACQUISITIONS I, LLC (Petitioner); As to: THEADORE MELENDREZ (Respondent)

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  • 12/31/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 12/31/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/31/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/31/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP04291    Hearing Date: May 6, 2021    Dept: 26

PETITION TO DECLARE MOBILE HOME ABANDONED

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner Caritas Acquisitions I, LLC’S Petition to Declare Mobile Home Abandoned is CONTINUED TO JULY 8, 2021 AT _____ AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On December 31, 2020, Petitioner Caritas Acquisitions I, LLC (“Petitioner”) filed the instant Petition to Declare Mobile Home Abandoned against Respondent Theadore Melendrez aka Theodore A. Melendrez (“Respondent”). Default was entered against Respondent on February 10, 2021.

Discussion

Pursuant to Civil Code section 798.61, Petitioner seeks a court order deeming Respondent’s mobile home, (“the Mobile Home”) located on Space # 194 at 45800 Challenger Way, Lancaster, California (“the Park”), to be abandoned, awarding Petitioner rent and other charges due on the Mobile Home site, and granting attorney fees and costs. (Pet., Prayer, ¶¶1-5.)

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 submitted the declaration of its Property Manager, Jessica Brunes, who states no rent has been paid for the Mobile Home and it has been unoccupied since August 2020. (Pet., Brunes Decl., ¶¶3-4.) On November 4, 2020, a Notice of Belief of Abandonment was posted on the Mobile Home and since that time no one has contacted Petitioner asserting an interest in the Mobile Home. (Id. at ¶¶5-6 and Exh. 2.) This evidence supports the allegation in the Petition 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., ¶5.) Therefore, Petitioner has 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 supporting declaration of its property manager and demonstrates that it was served on Respondent by posting and certified mail. (Pet., Brunes Decl., Exh. 2.) Therefore, 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).) Lancaster is located within the County of Los Angeles, which is in this Court’s jurisdiction. The Court further determines that the Petition was filed more than 30 days after the Notice of Belief of Abandonment was posted and the Petition and notice of the hearing date were served on Respondent on January 15, 2021. (Proof of Service, filed 01/22/21.)

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 asks for accrued rent/storage fees, utilities, and other charges on the Mobile Home in the amount $2,382.23 up to December 31, 2020, plus daily accruing rent and charges up to the date of judgment. (Pet., Prayer, ¶¶2-3.) Petitioner also asks for reasonable attorney’s fees and costs. (Id. at ¶4.)

Insufficient evidence of the damages sought is presented in support of the Petition. Petitioner’s property manager attests to the written lease agreement between Petitioner and Respondent, which provides for monthly rent of $316.77. (Pet., Brunes Decl., Exh. 1, ¶8.) Five months of unpaid rent from August to December 2020 would amount to $1,583.85. No explanation is provided regarding the other amounts sought, nor is a declaration filed in support of an award of reasonable attorney’s fees and costs.

Conclusion

Based on the foregoing, the Petition to Declare Mobile Home Abandoned is CONTINUED TO JULY 8, 2021 AT _____ 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 DEMONSTRATING A BASIS FOR THE DAMAGES SOUGHT IN THE PETITION. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

Moving party to give notice.

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