This case was last updated from Los Angeles County Superior Courts on 10/21/2021 at 02:15:34 (UTC).

COVINA HILLS MHC VS CLARA V JAIMES, ET AL.

Case Summary

On 08/21/2020 COVINA HILLS MHC filed an Other lawsuit against CLARA. 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 Dockets

 

Case Details

  • Case Number:

    *******2667

  • Filing Date:

    08/21/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Petitioner and Cross Defendant

COVINA HILLS MHC

Respondents and Cross Plaintiffs

ALVAREZ CLARA O

JAIMES CLARA V

Attorney/Law Firm Details

Petitioner Attorney

TREVILLYAN JONATHAN T

Respondent and Cross Plaintiff Attorney

SUAREZ FRANCISCO AMADO

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 10/27/2021
  • Hearing10/27/2021 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Trial Setting Conference

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  • 09/03/2021
  • DocketAmended Cross-Complaint (1st); Filed by: Clara O Alvarez (Cross-Complainant); Clara V Jaimes (Cross-Complainant); As to: Covina Hills MHC (Cross-Defendant)

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  • 07/07/2021
  • DocketCross-Complaint; Filed by: Clara V Jaimes (Respondent); Clara O Alvarez (Respondent); As to: Covina Hills MHC (Petitioner)

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  • 07/01/2021
  • DocketUpdated -- First Amended Complaint for Damages and Equitable Relief: Name Extension: blank; Exact Name changed from Amended Petition (1st) to First Amended Complaint for Damages and Equitable Relief; As To Parties changed from Clara V Jaimes (Respondent), Clara O Alvarez (Respondent) to Clara V Jaimes (Respondent), Clara O Alvarez (Respondent)

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  • 07/01/2021
  • DocketTrial Setting Conference scheduled for 10/27/2021 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 07/01/2021
  • DocketMinute Order (Order to Show Cause Re: Status of Responsive Pleading;)

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  • 07/01/2021
  • DocketCertificate of Mailing for (Order to Show Cause Re: Status of Responsive Pleading;) of 07/01/2021; Filed by: Clerk

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  • 07/01/2021
  • DocketOrder to Show Cause Re: Status of Responsive Pleading scheduled for 07/01/2021 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 07/01/2021; Result Type to Held

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  • 05/05/2021
  • DocketUpdated -- Answer to Complaint on Behalf of Clara V. James, Clara O. Alvarez and Demand for Jury Trial: Name Extension: to Complaint on Behalf of Clara V. James, Clara O. Alvarez and Demand for Jury Trial; As To Parties changed from Covina Hills MHC (Petitioner) to Covina Hills MHC (Petitioner)

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  • 05/03/2021
  • DocketAnswer; Filed by: Clara V Jaimes (Respondent); Clara O Alvarez (Respondent); As to: Covina Hills MHC (Petitioner)

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28 More Docket Entries
  • 10/09/2020
  • DocketDefault entered as to Clara V Jaimes; Clara O Alvarez; On the Petition filed by Covina Hills MHC on 08/21/2020

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  • 10/09/2020
  • DocketOn the Petition filed by Covina Hills MHC on 08/21/2020, entered Request for Dismissal without prejudice filed by Covina Hills MHC, does 1-10

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  • 10/09/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Covina Hills MHC (Petitioner); As to: Clara V Jaimes (Respondent); Clara O Alvarez (Respondent)

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  • 08/21/2020
  • DocketHearing on Petition To Declare Mobilehome Abandoned scheduled for 12/28/2020 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 08/21/2020
  • DocketPetition To Declare Mobilehome Abandoned; Filed by: Covina Hills MHC (Petitioner); As to: Clara V Jaimes (Respondent); Clara O Alvarez (Respondent)

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  • 08/21/2020
  • DocketCivil Case Cover Sheet; Filed by: Covina Hills MHC (Petitioner); As to: Clara V Jaimes (Respondent); Clara O Alvarez (Respondent)

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  • 08/21/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 08/21/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/21/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/21/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP02667    Hearing Date: December 28, 2020    Dept: 26

Covina Hills MHC v. Jaimes, et al.

PETITION TO DECLARE MOBILE HOME ABANDONED

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner Covina Hills MHC’s Petition to Declare Mobile Home Abandoned is GRANTED. Judgment to be entered in the amount of $8,872.00 principal and $225.00 costs.

ORDER TO SHOW CAUSE RE: SALE / DISPOSAL OF MOBILE HOME AND SUBMISSION OF ACCOUNTING PURSUANT TO CIVIL CODE SECTION 798.61 SET FOR MARCH 29, 2021 AT ________ AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On August 21, 2020, Petitioner Covina Hills MHC (“Petitioner”) filed a Petition to Declare Mobile Home Abandoned against Respondents Clara V. Jaimes and Clara O. Alvarez (“Respondents”). Supporting documents were also filed on October 9, 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 #482 at 17350 Temple Avenue, La Puente, 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, ¶¶1-6.)

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 submitted the declaration of its Property Manager, Jessica Macias, who states that in the 60 days preceding the filing of the Petition, no rent has been paid for the Mobile Home and it has been unoccupied. (Id. at ¶5.) Finally, no one has contacted Petitioner since the notice of abandonment was posted. (Id. at ¶¶11-12 and Exh. D.) 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., ¶¶4-5 and Exhs. 1-2.) 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).) The Court notes that the La Puente is located in the County of Los Angeles, which is within 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. Also, notice of the hearing date was served on Respondents on July 9, 2020. (Proof of Service, filed 10/9/20.)

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 demonstrated that it is entitled to storage fees from February 1, 2020 in the amount of $1,109.00 per month. (Pet., ¶6.) This is based on rent paid by the former tenant of the unit, Reynaldo Miguel Alvarez. (Pet., Macias Decl., ¶7.) Additionally, Petitioner has incurred filing costs of $225.00. (Request for Entry of Default, filed 10/9/20, ¶7.)

Conclusion

Based on the foregoing, the Petition to Declare Mobile Home Abandoned is GRANTED. Judgment to be entered in the amount of $8,872.00 principal and $225.00 costs.

ORDER TO SHOW CAUSE RE: SALE / DISPOSAL OF MOBILE HOME AND SUBMISSION OF ACCOUNTING PURSUANT TO CIVIL CODE SECTION 798.61 SET FOR MARCH 29, 2021 AT ________ AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.

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