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This case was last updated from Los Angeles County Superior Courts on 04/16/2021 at 03:20:05 (UTC).

COVINA HILLS MHC VS ZAO N TRAN, ET AL.

Case Summary

On 11/16/2020 COVINA HILLS MHC filed an Other lawsuit against ZAO N TRAN. 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:

    *******3775

  • Filing Date:

    11/16/2020

  • 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

Cross Defendant and Petitioner

COVINA HILLS MHC

Cross Plaintiffs and Respondents

NGOC HUYNH

TRAN ZAO N

Attorney/Law Firm Details

Petitioner Attorney

TREVILLYAN JONATHAN T

 

Court Documents

Notice (name extension) - Notice OF CONTINUANCE

4/2/2021: Notice (name extension) - Notice OF CONTINUANCE

Minute Order - Minute Order (Hearing on Petition To Declare Mobile Mobile Home Abandoned)

3/22/2021: Minute Order - Minute Order (Hearing on Petition To Declare Mobile Mobile Home Abandoned)

Cross-Complaint - Cross-Complaint

3/11/2021: Cross-Complaint - Cross-Complaint

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

1/7/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Dismissal - Request for Dismissal

1/7/2021: Request for Dismissal - Request for Dismissal

Declaration (name extension) - Declaration Of Proof of Service In Support Of Notice Of Belief of Abandonment (Notice)

1/7/2021: Declaration (name extension) - Declaration Of Proof of Service In Support Of Notice Of Belief of Abandonment (Notice)

Proof of Service by Posting - Proof of Service by Posting

1/7/2021: Proof of Service by Posting - Proof of Service by Posting

Proof of Service by Posting - Proof of Service by Posting

1/7/2021: Proof of Service by Posting - Proof of Service by Posting

Declaration (name extension) - Declaration Of Proof Of Service Of All Supporting Documents

1/7/2021: Declaration (name extension) - Declaration Of Proof Of Service Of All Supporting Documents

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

1/7/2021: Declaration (name extension) - Declaration Of Jessica Macias In Support of Petition to Declare Mobilehome Abandoned

First Amended Standing Order - First Amended Standing Order

11/16/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

11/16/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

11/16/2020: Petition (name extension) - Petition To Declare Mobile Mobile Home Abandoned

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

11/16/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

11/16/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

3 More Documents Available

 

Docket Entries

  • 05/19/2021
  • Hearing05/19/2021 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Petition (name extension)

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  • 04/02/2021
  • DocketNotice OF CONTINUANCE; Filed by: Covina Hills MHC (Petitioner); As to: Zao N Tran (Respondent); Huynh Ngoc (Respondent)

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  • 03/22/2021
  • DocketHearing on Petition To Declare Mobile Mobile Home Abandoned scheduled for 05/19/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 03/22/2021
  • DocketMinute Order (Hearing on Petition To Declare Mobile Mobile Home Abandoned)

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  • 03/22/2021
  • DocketOn the Court's own motion, Hearing on Petition To Declare Mobile Mobile Home Abandoned scheduled for 03/22/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 05/19/2021 10:00 AM

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  • 03/11/2021
  • DocketCross-Complaint; Filed by: Huynh Ngoc (Respondent); As to: Covina Hills MHC (Petitioner)

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  • 01/07/2021
  • DocketDeclaration Of Proof of Service In Support Of Notice Of Belief of Abandonment (Notice); Filed by: Covina Hills MHC (Petitioner)

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  • 01/07/2021
  • DocketRequest for Dismissal; Filed by: Covina Hills MHC (Petitioner)

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  • 01/07/2021
  • DocketProof of Service by Posting; Filed by: Covina Hills MHC (Petitioner); As to: Huynh Ngoc (Respondent); Mailing Date: 11/16/2020; Service Cost: 75.00; Service Cost Waived: No

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  • 01/07/2021
  • DocketProof of Service by Posting; Filed by: Covina Hills MHC (Petitioner); As to: Zao N Tran (Respondent); Mailing Date: 11/16/2020; Service Cost: 75.00; Service Cost Waived: No

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2 More Docket Entries
  • 01/07/2021
  • DocketRequest for Entry of Default / Judgment; Filed by: Covina Hills MHC (Petitioner); As to: Zao N Tran (Respondent); Huynh Ngoc (Respondent)

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  • 01/07/2021
  • DocketOn the Petition filed by Covina Hills MHC on 11/16/2020, entered Request for Dismissal without prejudice filed by Covina Hills MHC, does 1-10

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  • 01/07/2021
  • DocketDefault entered as to Huynh Ngoc; Zao N Tran; On the Petition filed by Covina Hills MHC on 11/16/2020

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  • 11/16/2020
  • DocketPetition To Declare Mobile Mobile Home Abandoned; Filed by: Covina Hills MHC (Petitioner); As to: Zao N Tran (Respondent); Huynh Ngoc (Respondent)

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  • 11/16/2020
  • DocketCivil Case Cover Sheet; Filed by: Covina Hills MHC (Petitioner); As to: Zao N Tran (Respondent); Huynh Ngoc (Respondent)

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  • 11/16/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 11/16/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/16/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/16/2020
  • DocketHearing on Petition To Declare Mobile Mobile Home Abandoned scheduled for 03/22/2021 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 11/16/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP03775    Hearing Date: March 22, 2021    Dept: 25

HEARING DATE:    Mon., March 22, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME Covina Hills MHC v. Tran, et al. PET. FILED: 11-16-20

CASE NUMBER: 20STCP03775 DEFAULT: 01-07-21

NOTICE:   OK

PROCEEDINGS    PETITION TO DECLARE MOBILEHOME ABANDONED

MOVING PARTY:   Petitioner Covina Hills MHC

RESP. PARTY: Respondent in default Huynh Ngoc

PETITION TO DECLARE MOBILEHOME ABANDONED

(Civ. Code § 798.61)

TENTATIVE RULING:

To allow Respondent Huynh Ngoc an opportunity to set aside the default entered against her on January 7, 2021 and file a responsive pleading, the hearing is CONTINUED TO MAY 19, 2021at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

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 March 17, 2021 [   ] Late [X] None

REPLY: None filed as of March 17, 2021 [   ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On November 16, 2020, Petitioner Covina Hills MHC (“Petitioner”) filed the instant Petition to Declare Mobilehome Abandoned (the “Petition”) against Respondents Zao N. Tran (“Tran”) and Huynh Ngoc (“Ngoc”) (collectively, “Respondents”). Pursuant to Civil Code section 798.61, Petitioner seeks a court order deeming Respondents’ mobilehome, described as a 1974 Regal, Decal No. LBC3933, Serial Nos. 10213U/10213X (the “Mobilehome”), located on Space No. 261 at 17350 E. Temple Ave., Space # 261, La Puente, CA 91744 (the “Park”) to be abandoned and to award Petitioner storage costs, court costs, and attorney’s fees. (Pet., pp. 1-3.)

Following Respondents’ failure to respond, default was entered against them on January 7, 2021.

On March 11, 2021, Respondent Huynh filed a response to the Petition. Therein, Respondent Huynh states, in pertinent part, that (1) she lived in the Mobilehome until 2013 when she and Respondent Tran separated; (2) that Respondent Tran was hospitalized in February 2020 and passed away in December 2020; (3) that she has been in contact with Petitioner since July 2020; (4) that despite being in communication with Petitioner since July 2020, she did not receive any notices regarding the Mobilehome being abandoned; (5) that Petitioner changed the locks on the Mobilehome;  (7) and that Respondent Huynh has been denied access to the property and has been denied billings so that she may bring the debts current after the death of Respondent Tran. (3/11/21 Cross-Compl., pp. 2-4.) Respondent seeks declaratory relief, specifically, to be declared the rightful owner of the Mobilehome, for unrestricted access to the Mobilehome, and for a 90 days’ allowance to repair and sell the Mobilehome to settle the alleged liens. (Id. at p. 4.)

However, because default was entered against Respondent Huynh, she is no longer entitled to file any responsive pleadings. (Sporn v. Home Depot USA, Inc. (2005) 126 Cal.App.4th 1294, 1301 [“The clerk’s entry of default cuts off the defendant’s right to take further affirmative steps such as filing a pleading or motion, and the defendant is not entitled to notices or service of pleadings or papers”].) Before she may do so, Respondent Huynh must first set aside the default entered against her.

In the interest of justice, the Court continues this hearing to allow Respondent Huynh an opportunity to set aside her default and re-file her request for relief.

  1. Conclusion & Order

To allow Respondent Huynh Ngoc an opportunity to set aside the default entered against her on January 7, 2021 and file a responsive pleading, the hearing is CONTINUED TO MAY 19, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

Moving party is ordered to give notice.

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