This case was last updated from Los Angeles County Superior Courts on 01/04/2021 at 08:32:52 (UTC).

GARDEN WEST ESTATES VS EUGENE A PETRON

Case Summary

On 05/13/2020 GARDEN WEST ESTATES filed an Other lawsuit against EUGENE A PETRON. 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 Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1648

  • Filing Date:

    05/13/2020

  • Case Status:

    Disposed - Judgment Entered

  • 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

Petitioner

GARDEN WEST ESTATES

Respondent

PETRON EUGENE A

Attorney/Law Firm Details

Petitioner Attorney

TREVILLYAN JONATHAN T

 

Court Documents

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

11/4/2020: Minute Order - Minute Order (Hearing on Petition To Declare Mobilehome Abandoned)

Judgment - Judgment for Abandonment

11/4/2020: Judgment - Judgment for Abandonment

Supplemental Declaration (name extension) - Supplemental Declaration Of Evelyn Ovando In Support Of Petition To Declare Mobilehome Abandoned

9/21/2020: Supplemental Declaration (name extension) - Supplemental Declaration Of Evelyn Ovando In Support Of Petition To Declare Mobilehome Abandoned

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

9/21/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice (name extension) - Notice Of Continuance

9/21/2020: Notice (name extension) - Notice Of Continuance

Declaration (name extension) - Declaration Of Jonathan T Trevillyan In Support Of Petition To Declare mobilehome Abandoned

9/21/2020: Declaration (name extension) - Declaration Of Jonathan T Trevillyan In Support Of Petition To Declare mobilehome Abandoned

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

6/12/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

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

6/12/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration (name extension) - Declaration Of Evelyn Ovando In Support Of Petition To Declare Mobilehome Abandoned In Support Of Default Judgment

6/12/2020: Declaration (name extension) - Declaration Of Evelyn Ovando In Support Of Petition To Declare Mobilehome Abandoned In Support Of Default Judgment

Request for Dismissal - Request for Dismissal

6/12/2020: Request for Dismissal - Request for Dismissal

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

6/12/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

6/18/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

6/25/2020: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

First Amended Standing Order - First Amended Standing Order

5/13/2020: First Amended Standing Order - First Amended Standing Order

Petition (name extension) - Petition To Declare Mobilehome Abandoned

5/13/2020: Petition (name extension) - Petition To Declare Mobilehome Abandoned

Civil Case Cover Sheet - Civil Case Cover Sheet

5/13/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

5/13/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

5/13/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

8 More Documents Available

 

Docket Entries

  • 11/04/2020
  • DocketCourt orders judgment entered for Petitioner Garden West Estates against Respondent Eugene A Petron on the Petition filed by Garden West Estates on 05/13/2020 for the principal amount of $3,374.50 for a total of $3,374.50.

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  • 11/04/2020
  • DocketJudgment for Abandonment; Signed and Filed by: Garden West Estates (Petitioner); As to: Eugene A Petron (Respondent)

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  • 11/04/2020
  • DocketMinute Order (Hearing on Petition To Declare Mobilehome Abandoned)

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  • 11/04/2020
  • DocketHearing on Petition To Declare Mobilehome Abandoned scheduled for 11/04/2020 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 11/04/2020; Result Type to Held - Motion Granted

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  • 09/21/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Garden West Estates (Petitioner)

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  • 09/21/2020
  • DocketNotice Of Continuance; Filed by: Garden West Estates (Petitioner); As to: Eugene A Petron (Respondent)

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  • 09/21/2020
  • DocketDeclaration Of Jonathan T Trevillyan In Support Of Petition To Declare mobilehome Abandoned; Filed by: Garden West Estates (Petitioner)

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  • 09/21/2020
  • DocketSupplemental Declaration Of Evelyn Ovando In Support Of Petition To Declare Mobilehome Abandoned; Filed by: Garden West Estates (Petitioner)

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  • 09/21/2020
  • Docket; On the Petition filed by Garden West Estates on 05/13/2020

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  • 09/21/2020
  • DocketJudgment for Abandonment; Proposed - Received by: Garden West Estates (Petitioner); As to: Eugene A Petron (Respondent)

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11 More Docket Entries
  • 06/12/2020
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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  • 06/12/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Garden West Estates (Petitioner)

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  • 06/12/2020
  • DocketRequest for Dismissal; Filed by: Garden West Estates (Petitioner); As to: Eugene A Petron (Respondent)

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  • 05/13/2020
  • DocketHearing on Petition To Declare Mobilehome Abandoned scheduled for 09/16/2020 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 05/13/2020
  • DocketPetition To Declare Mobilehome Abandoned; Filed by: Garden West Estates (Petitioner); As to: Eugene A Petron (Respondent)

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  • 05/13/2020
  • DocketCivil Case Cover Sheet; Filed by: Garden West Estates (Petitioner); As to: Eugene A Petron (Respondent)

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  • 05/13/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 05/13/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/13/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 05/13/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP01648    Hearing Date: November 04, 2020    Dept: 25

HEARING DATE: Wed., November 4, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Garden West Estates v. Petron PET. FILED: 05-13-20

CASE NUMBER: 20STCP01648

NOTICE: OK

PROCEEDINGS: PETITION TO DECLARE MOBILEHOME ABANDONED

MOVING PARTY: Petitioner Garden West Estates

RESP. PARTY: None

PETITION TO DECLARE MOBILEHOME ABANDONED

(CCP § 798.61)

TENTATIVE RULING:

Petitioner Garden West Estates’ Petition to Declare Mobilehome Abandoned is GRANTED. Judgment to be entered in the amount of $3,374.50, based on $629.90 per month from February 1, 2020 and June 1, 2020, plus court costs of $225.00.

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 October 30, 2020 [ ] Late [X] None

REPLY: None filed as of October 30, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On May 13, 2020, Petitioner Garden West Estates (“Petitioner”) filed the instant Petition to Declare Mobilehome Abandoned (the “Petition”) against Respondent Eugene A. Petron (“Respondent”). Pursuant to Civil Code section 798.61, Petitioner seeks a court order deeming Respondent’s mobilehome, described as a 1961 Paramount, Decal No. LAJ2362, Serial No. 18390, located on Space No. 114 (the “Mobilehome”) at 17700 S. Western, Gardena, CA 90248 (the “Park”), to be abandoned, awarding Petitioner rent and other charges due on the Mobilehome site as well as attorney’s fees and costs. (Pet., p. 2, ¶ 5; p. 3, ¶¶ 1-6.)

Default was entered against Respondent on June 18, 2020.

At the initial September 16, 2020 hearing, the Court found that Petitioner satisfied the requirements of Civil Code section 798.61, subdivisions (a) and (b). (9/16/20 Minute Order.) However, the Court also found that Petitioner was not served with all moving papers and that additional evidence was required regarding Petitioner’s request for certain costs and attorney’s fees. (Id.) Petitioner filed supplemental papers on September 21, 2020.

To date, no opposition has been filed.

  1. Legal Standard & Discussion

A. Petition for Judicial Declaration—Civ. Code § 798.61(c)

Civil Code section 798.61, subdivision (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.”

This Petition was timely filed more than 30 days after the Notice of Belief of Abandonment was posted, as required by Civil Code section 798.61, subdivision (c)(1). On June 12, 2020, Petitioner filed a proof of service demonstrating that copies of the Petition and Notice of Hearing were served by posting them on the Mobilehome. (6/12/20 Proof of Service.) Petitioner also attached copies of the certified mail receipt addressed to Respondent at the Mobilehome address. (Id.) The correspondence was returned as unable to forward. (Id.) Gardena is located in the County of Los Angeles, which is within this Court’s jurisdiction. In addition, Petitioner demonstrates it served Respondent with a Notice of Continuance of Hearing on September 21, 2020 via regular mail. (9/21/20 Notice of Continuance.)

At the previous hearing, the Court found that Petitioner did not file a proof of service demonstrating the supporting declaration of Evelyn Ovando, filed on June 12, 2020, almost one month after the Petition, was properly served on Respondent. (9/16/20 Minute Order.) To date, Petitioner has not filed any supplemental papers demonstrating the June 12 declaration was served. However, given that the Petition, served via certified mail, was returned as unable to forward, the Court finds continuing the matter for Petitioner to effectuate service of this declaration would futile.

Thus, the Court finds Section 798.61, subdivision (c) have been satisfied.

B. Charges, Attorney’s Fees, and Costs

Civil Code section 798.61, subdivision (d)(2) states:

“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.”

At the initial hearing, the Court found that Petitioner had not demonstrated it was entitled to storage fees of $629.00 per month beginning February 1, 2020. (9/16/20 Minute Order.) In its supplemental papers, Petitioner submits a copy of Respondent’s statement of charges for February 1, 2020 through June 30, 2020 demonstrating a monthly rent charge of $629.00. (9/21/29 Ovando Decl., ¶ 9, Exh. 5.) Thus, Petitioner has demonstrated it is entitled to monthly rent charges of $629.00.

The Petition also seeks attorney’s fees pursuant to Civil Code section 798.61. (Pet., p. 3, ¶ 6.) In its supplemental papers, Petitioner’s counsel states that he has spent a total of six (6) hours on this matter, which include meeting with Petitioner, investigating ownership, drafting the Notice of Belief of Abandonment, effectuating service, drafting and filing this Petition and supporting documents, and drafting and filing requests for default and default judgment. (9/21/20 Trevillyan Decl., ¶ 3.) However, Petitioner’s counsel clarifies that Petitioner does not seek attorney’s fees as they have proven virtually impossible to collect. (Id. at ¶ 7.) Accordingly, the Court awards no attorney’s fees.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Garden West Estates’ Petition to Declare Mobilehome Abandoned is GRANTED. Judgment to be entered in the amount of $3,374.50, based on $629.90 per month from February 1, 2020 and June 1, 2020, plus court costs of $225.00.

Moving party is ordered to give notice.

Case Number: 20STCP01648    Hearing Date: September 16, 2020    Dept: 25

HEARING DATE: Wed., September 16, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Garden West Estates v. Petron PET. FILED: 05-13-20

CASE NUMBER: 20STCP01648

NOTICE: OK

PROCEEDINGS: PETITION TO DECLARE MOBILEHOME ABANDONED

MOVING PARTY: Petitioner Garden West Estates

RESP. PARTY: None

PETITION TO DECLARE MOBILEHOME ABANDONED

(CCP § 798.61)

TENTATIVE RULING:

Petitioner Garden West Estates’ Petition to Declare Mobilehome Abandoned is CONTINUED TO NOV 4,2020 AT 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner is ordered to file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Petition being placed off calendar or denied.

Alternatively, as default against Respondent has already been entered, Petitioner can seek default judgment pursuant to Civil Code section 798.61, subdivision (d)(3).

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 September 14, 2020 [ ] Late [X] None

REPLY: None filed as of September 14, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On May 13, 2020, Petitioner Garden West Estates (“Petitioner”) filed the instant Petition to Declare Mobilehome Abandoned against Respondent Eugene A. Petron (“Respondent”). Pursuant to Civil Code section 798.61, Petitioner seeks a court order deeming Respondent’s mobilehome, described as a 1961 Paramount, Decal No. LAJ2362, Serial No. 18390, located on Space No. 114 (the “Mobilehome”) at 17700 S. Western, Gardena, CA 90248 (the “Park”), to be abandoned, awarding Petitioner rent and other charges due on the Mobilehome site as well as attorney’s fees and costs. (Pet., p. 2, ¶ 5; p. 3, ¶¶ 1-6.)

Default was entered against Respondent on June 18, 2020.

  1. Legal Standard & Discussion

  1. 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.”

Regarding the above requirements, Petitioner submits the declaration of Evelyn Ovando (“Ovando”), property manager for the Park. Therein, she states that no rent has been paid to Petitioner since January 2020. (6/12/20 Ovando Decl., ¶¶ 3, 7.) Petitioner has also submitted a copy of the Notice of Belief of Abandonment that was posted on the Mobilehome and thereafter mailed via certified mail to Respondent, the registered owner of the Mobilehome, on April 10, 2020. (Id. at ¶ 5, Exh. 2; 6/12/20 Proof of Service, Trevillyan Decl., ¶ 2, Exh. 3.) Ovando states that following the posting and mailing of the Notice of Abandonment, no one has come forward to claim an interest in the Mobilehome. (6/12/20 Ovando Decl., ¶ 8.) Ovando further states that the Mobilehome is not permanently affixed to the land. (Id.)

Based on the foregoing evidence, Petitioner has demonstrated that the Mobilehome 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.”

As noted above, Petitioner submitted a copy of the Notice of Belief of Abandonment that was posted on the Mobilehome and sent to Respondent via certified mail, return receipt requested. (6/12/20 Ovando Decl., ¶, 7; 6/12/20 Proof of Service, Trevillyan Decl., ¶ 2, Exh. 3.) Thus, Petitioner has satisfied the requirements of Civil Code section 798.61, subdivision (b).

C. Petition for Judicial Declaration—Civ. Code § 798.61(c)

Civil Code section 798.61, subdivision (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.”

This Petition was timely filed more than 30 days after the Notice of Belief of Abandonment was posted, as required by Civil Code section 798.61, subdivision (c)(1). On June 12, 2020, Petitioner filed a proof of service demonstrating that copies of the Petition and Notice of Hearing were served by posting them on the Mobilehome. (6/12/20 Proof of Service.) Petitioner also attached copies of the certified mail receipt addressed to Respondent at the Mobilehome address. (Id.) The correspondence was returned as unable to forward. (Id.) In addition, Court notes that Gardena is located in the County of Los Angeles, which is within this Court’s jurisdiction.

However, there is no proof of service demonstrating that the declaration of Evelyn Ovando or the declaration of Petitioner’s counsel, Christian Trevillyan, filed on June 12, 2020, were served on Respondent. Thus, because Respondent was not served with these supplemental papers, Petitioner has not satisfied Section 798.61, subdivision (c)(1).

D. Charges, Attorney’s Fees, and Costs

Civil Code section 798.61, subdivision (d)(2) states:

“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.”

Petitioner has not demonstrated that it is reasonably entitled to storage fees of $629.90 per month beginning February 1, 2020. (6/12/20 Ovando Decl., ¶ 9.) No basis is provided for this rate. (Id.) Nor is any evidence submitted regarding the amount of attorney’s fees and other costs sought. (Pet., Prayer, ¶¶ 2-4.) Thus, Petitioner is ordered to file and serve a supplemental declaration and documentary evidence providing this information.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Garden West Estates’ Petition to Declare Mobilehome Abandoned is CONTINUED TO NOV 4, 2020 AT 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner is ordered to file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Petition being placed off calendar or denied.

Alternatively, as default against Respondent has already been entered, Petitioner can seek default judgment pursuant to Civil Code section 798.61, subdivision (d)(3).

Moving party is ordered to give notice.