This case was last updated from Los Angeles County Superior Courts on 07/30/2020 at 20:25:30 (UTC).

COVINA HILLS MHC VS TAN PING CHEN

Case Summary

On 11/12/2019 COVINA HILLS MHC filed an Other lawsuit against TAN PING CHEN. 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4848

  • Filing Date:

    11/12/2019

  • Case Status:

    Other

  • 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

COVINA HILLS MHC

Respondent

CHEN TAN PING

Attorney/Law Firm Details

Petitioner Attorney

TREVILLYAN JONATHAN T

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Petition To Declare Mobilehome Abandoned) of 07/13/2020

7/13/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Petition To Declare Mobilehome Abandoned) of 07/13/2020

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

7/13/2020: Minute Order - Minute Order (Hearing on Petition Petition To Declare Mobilehome Abandoned)

Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

7/16/2020: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

Request for Dismissal - Request for Dismissal

7/20/2020: Request for Dismissal - Request for Dismissal

Notice (name extension) - Notice of Continuance

6/4/2020: Notice (name extension) - Notice of Continuance

Notice (name extension) - Notice Notice Of Continuance Of Hearing

4/9/2020: Notice (name extension) - Notice Notice Of Continuance Of Hearing

Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

4/9/2020: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

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

4/15/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

3/16/2020: 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)

3/6/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Request for Dismissal - Request for Dismissal

3/6/2020: Request for Dismissal - Request for Dismissal

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

3/6/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration (name extension) - Declaration Declaration Of Jessica Macias In Support Of Petition To Declare Mobilehome Abandoned

3/6/2020: Declaration (name extension) - Declaration Declaration Of Jessica Macias In Support Of Petition To Declare Mobilehome Abandoned

First Amended Standing Order - First Amended Standing Order

11/12/2019: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

11/12/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition (name extension) - Petition Petition To Declare Mobilehome Abandoned

11/12/2019: Petition (name extension) - Petition Petition To Declare Mobilehome Abandoned

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

11/12/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

11/12/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

9 More Documents Available

 

Docket Entries

  • 07/22/2020
  • DocketOn the Petition filed by Covina Hills MHC on 11/12/2019, entered Request for Dismissal without prejudice filed by Covina Hills MHC as to Tan Ping Chen

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  • 07/21/2020
  • DocketNon-Appearance Case Review re lodging of proposed judgment scheduled for 07/28/2020 at 11:00 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 07/21/2020

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  • 07/16/2020
  • DocketNotice of Rejection - Application for Default Judgment by Court - Contract or Tort; Filed by:

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  • 07/13/2020
  • DocketNon-Appearance Case Review re lodging of proposed judgment scheduled for 07/28/2020 at 11:00 AM in Spring Street Courthouse at Department 26

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  • 07/13/2020
  • DocketMinute Order (Hearing on Petition Petition To Declare Mobilehome Abandoned)

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  • 07/13/2020
  • DocketCertificate of Mailing for (Hearing on Petition Petition To Declare Mobilehome Abandoned) of 07/13/2020; Filed by: Clerk

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  • 07/13/2020
  • DocketHearing on Petition Petition To Declare Mobilehome Abandoned scheduled for 07/13/2020 at 09:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 07/13/2020; Result Type to Held - Motion Granted

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  • 06/04/2020
  • DocketNotice of Continuance; Filed by: Covina Hills MHC (Petitioner); As to: Tan Ping Chen (Respondent)

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  • 04/15/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/15/2020
  • DocketReset - Court Unavailable, Hearing on Petition Petition To Declare Mobilehome Abandoned scheduled for 04/30/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Court's Motion was rescheduled to 07/13/2020 09:00 AM

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13 More Docket Entries
  • 03/06/2020
  • DocketOn the Petition filed by Covina Hills MHC on 11/12/2019, entered Request for Dismissal without prejudice filed by Covina Hills MHC, does 1-10

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  • 03/06/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Covina Hills MHC (Petitioner); As to: Tan Ping Chen (Respondent)

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  • 03/06/2020
  • DocketDeclaration Declaration Of Jessica Macias In Support Of Petition To Declare Mobilehome Abandoned; Filed by: Covina Hills MHC (Petitioner)

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  • 11/13/2019
  • DocketHearing on Petition Petition To Declare Mobilehome Abandoned scheduled for 03/17/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/13/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 11/12/2019
  • DocketPetition Petition To Declare Mobilehome Abandoned; Filed by: Covina Hills MHC (Petitioner); As to: Tan Ping Chen (Respondent)

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  • 11/12/2019
  • DocketCivil Case Cover Sheet; Filed by: Covina Hills MHC (Petitioner); As to: Tan Ping Chen (Respondent)

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  • 11/12/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 11/12/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/12/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STCP04848    Hearing Date: July 13, 2020    Dept: 26

PETITION TO DECLARE MOBILEHOME ABANDONED

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner Covina Hills MHC’s Petition to Declare Mobile Home Abandoned is CONTINUED TO OCTOBER 14, 2020 AT 10:00 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 THE REASONABLENESS OF THE STORAGE FEES, ATTORNEY’S FEES AND COSTS REQUESTED. 

ANALYSIS:

 

On November 12, 2019, Petitioner Covina Hills MHC (“Petitioner”) filed the instant Petition to Declare Mobile Home Abandoned against Respondent Tan Ping Chen (“Respondent”). Pursuant to Civil Code section 798.61, Petitioner seeks a court order deeming Respondent’s mobile home, (“the Mobile Home”) located on Space #166 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’s fees and costs. (Pet., Prayer, ¶¶1-6.)

Default was entered against Respondent on the Petition on March 6, 2020.

Discussion

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 submitted a copy of the Notice of Belief of Abandonment and proof of service of the same on November 19, 2019. (Pet., Exh. 1; Proof of Service, filed 3/6/20.) In a supporting declaration by its property manager, Jessica Macias, Petitioner has now shown that rent has not been paid on the mobile home space for the past 60 days and that it is unoccupied. (Pet., Macias Decl., filed 3/6/20, ¶¶5-6.) Additionally, following the posting of the Notice of Abandonment on October 7, 2019, no one has come forward to claim an interest in the mobile home or to indicate that the mobile home is not abandoned. (Id. at ¶6-7 and Exhs. A-B.) Finally, following service and posting of the instant Petition on November 19, 2019, no one has come forward to claim an interest in the mobile home or to indicate that the mobile home is not abandoned. (Id. at ¶7; Proof of Service, filed 3/6/20.)

Based on the foregoing evidence, 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, which was served on Respondent by certified mail with return receipt requested and by posting on the Mobile Home on April 30, 2019. (Proof of Service, filed 3/6/20.) Therefore, the Court finds that 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 La Puente is located in the County of Los Angeles, which is within this Court’s jurisdiction. The Petition was filed more than 30 days after the Notice of Belief of Abandonment was posted. Additionally, the Proof of Service filed on March 6, 2020 demonstrates that the Petition and Notice of Hearing were served upon Respondent by posting and certified mail/return receipt requested, as required by Civil Code, section 798.61, subdivision (c)(1). Therefore, Petitioner has satisfied the requirements of this section.

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).)

However, Petitioner has not demonstrated that it is reasonably entitled to storage fees in the amount of $1,050.00 per month from June 1, 2019, for a total of $9,270.00. (Pet., Macias Decl., ¶8.) No basis is provided for this rate. (Ibid.) Nor is any evidence submitted regarding the amount of attorney’s fees and costs sought. (Pet., Prayer, ¶¶4-5; Macias Decl.)

Conclusion

Based on the foregoing, the Petition to Declare Mobile Home Abandoned is CONTINUED TO OCTOBER 14, 2020 AT 10:00 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 THE REASONABLENESS OF THE STORAGE FEES, ATTORNEY’S FEES AND COSTS REQUESTED.

Moving party to give notice.