This case was last updated from Los Angeles County Superior Courts on 07/28/2021 at 05:31:13 (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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3775

  • Filing Date:

    11/16/2020

  • Case Status:

    Other

  • Case Type:

    Other

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Cross Defendant and Petitioner

COVINA HILLS MHC

Respondents and Cross Plaintiffs

NGOC HUYNH

TRAN ZAO N

Attorney/Law Firm Details

Petitioner Attorney

TREVILLYAN JONATHAN T

Respondent and Cross Plaintiff Attorney

NAKAMURA FRED

 

Court Documents

Request for Dismissal - Request for Dismissal

7/27/2021: Request for Dismissal - Request for Dismissal

Stipulation and Order (name extension) - Stipulation and Order AND ORDER

5/17/2021: Stipulation and Order (name extension) - Stipulation and Order AND ORDER

Notice (name extension) - Notice OF FILING OF STIPULATION AND ORDER

5/26/2021: Notice (name extension) - Notice OF FILING OF STIPULATION AND ORDER

Summons - Summons on Petition

5/28/2021: Summons - Summons on Petition

Substitution of Attorney - Substitution of Attorney

5/10/2021: Substitution of Attorney - Substitution of Attorney

Notice (name extension) - Notice OF CONTINUANCE

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

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

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

16 More Documents Available

 

Docket Entries

  • 07/27/2021
  • DocketOn the Petition filed by Covina Hills MHC on 11/16/2020, entered Request for Dismissal without prejudice filed by Covina Hills MHC as to the entire action

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  • 07/27/2021
  • DocketHearing on Petition to Declare Mobile Home Abandond scheduled for 08/30/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 07/27/2021

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  • 07/19/2021
  • DocketOn the Petition filed by Covina Hills MHC on 11/16/2020, entered Request for Dismissal without prejudice filed by Covina Hills MHC as to the entire action

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  • 07/19/2021
  • DocketOn the Petition filed by Covina Hills MHC on 11/16/2020, entered Request for Dismissal without prejudice filed by Covina Hills MHC

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  • 07/19/2021
  • DocketDismissal entered on 07/19/2021, is Vacated - clerical error.

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  • 07/19/2021
  • DocketDismissal entered on 07/19/2021, as to entire action is Vacated - clerical error.

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  • 07/19/2021
  • DocketUpdated -- Request for Dismissal Filed Not Entered: Name Extension: Filed Not Entered; As To Parties: removed

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  • 07/19/2021
  • DocketUpdated -- Request for Dismissal: As To Parties: removed

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  • 07/19/2021
  • DocketHearing on Petition to Declare Mobile Home Abandond scheduled for 08/30/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 07/19/2021
  • DocketHearing on Petition To Declare Mobile Home Abandoned scheduled for 08/30/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 07/19/2021

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30 More Docket Entries
  • 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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  • 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
  • DocketDeclaration Of Jessica Macias In Support of Petition to Declare Mobilehome Abandoned; Filed by: Covina Hills MHC (Petitioner)

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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

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  • 11/16/2020
  • DocketFirst Amended Standing Order; 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
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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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
  • 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
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP03775    Hearing Date: May 19, 2021    Dept: 25

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 the Court an opportunity to review the proposed stipulation and order electronically received on May 10, the instant hearing is CONTINUED TO AUGUST 30, 2021 at 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 May 17, 2021 [ ] Late [X] None

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

ANALYSIS:

I. 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.)

At the initial March 22 hearing, the Court noted that because default had been entered against Respondent Huynh, she could no longer file any responsive pleadings. (3/22/21 Minute Order.) To give Respondent Hyunh an opportunity to file a motion to set aside her default, the hearing was continued. (Id.)

Respondent Huynh filed a substitution of attorney on May 10 indicating she would be represented by attorney Fred Nakamura moving forward. Also on May 10, the Court electronically received a proposed stipulation to set aside the default, to permit Petitioner to file an amended complaint, to permit Respondent Huynh 20 days to file a responsive pleading, and to vacate the instant hearing. (5/10/21 Proposed Stipulation and Order.)

To give the Court an opportunity to review the proposed stipulation, the instant hearing is CONTINUED one final time.

In addition and as a separate matter, the Court notes that, on March 11, 2021, Respondent Ngoc filed a response in the form of a cross-complaint to the Petition. As the Court noted in its ruling dated March 22, 2021, Respondent was not entitled to file any responsive pleadings because default was entered against her. Nonetheless, if the proposed stipulation is entered, Respondent cannot refile the cross-complaint because a cross-complaint is not a permissible pleading in this action. See, e.g., Code Civ. Proc., § 23People v. Yartz (2005) 37 Cal.4th 529, 536; People v. Superior Court (Cheek) (2001) 94 Cal.App.4th 980, 988; Abrams v. Abrams-Rubaloff & Associates, Inc. .

II. Conclusion & Order

To allow the Court an opportunity to review the proposed stipulation and order electronically received on May 10, the instant hearing is CONTINUED TO AUGUST 30, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

Moving party is ordered to give notice.

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.