This case was last updated from Los Angeles County Superior Courts on 06/09/2021 at 00:42:57 (UTC).

GARDEN WEST ESTATES VS IRAGAYLE L KONIG

Case Summary

On 12/28/2020 GARDEN WEST ESTATES filed an Other lawsuit against IRAGAYLE L KONIG. 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:

    *******4234

  • Filing Date:

    12/28/2020

  • Case Status:

    Other

  • Case Type:

    Other

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

GARDEN WEST ESTATES

Respondent

KONIG IRAGAYLE L

Attorney/Law Firm Details

Petitioner Attorney

TREVILLYAN JONATHAN T

 

Court Documents

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

12/28/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

12/28/2020: First Amended Standing Order - First Amended Standing Order

Notice of Hearing on Petition - Notice of Hearing on Petition

12/28/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

Civil Case Cover Sheet - Civil Case Cover Sheet

12/28/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

12/28/2020: Petition (name extension) - Petition To Declare Mobile Home Abandoned

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

5/3/2021: Minute Order - Minute Order (Hearing on Petition To Declare Mobile Home Abandoned)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition To Declare Mobile Home Abandoned) of 05/03/2021

5/3/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition To Declare Mobile Home Abandoned) of 05/03/2021

Request for Dismissal - Request for Dismissal

5/12/2021: Request for Dismissal - Request for Dismissal

 

Docket Entries

  • 05/17/2021
  • DocketHearing on Petition To Declare Mobile Home Abandoned scheduled for 06/07/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 05/17/2021

    Read MoreRead Less
  • 05/12/2021
  • DocketOn the Petition filed by Garden West Estates on 12/28/2020, entered Request for Dismissal without prejudice filed by Garden West Estates as to the entire action

    Read MoreRead Less
  • 05/03/2021
  • DocketCertificate of Mailing for (Hearing on Petition To Declare Mobile Home Abandoned) of 05/03/2021; Filed by: Clerk

    Read MoreRead Less
  • 05/03/2021
  • DocketOn the Court's own motion, Hearing on Petition To Declare Mobile Home Abandoned scheduled for 05/03/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 06/07/2021 10:00 AM

    Read MoreRead Less
  • 05/03/2021
  • DocketHearing on Petition To Declare Mobile Home Abandoned scheduled for 06/07/2021 at 10:00 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 05/03/2021
  • DocketMinute Order (Hearing on Petition To Declare Mobile Home Abandoned)

    Read MoreRead Less
  • 12/28/2020
  • DocketPetition To Declare Mobile Home Abandoned; Filed by: Garden West Estates (Petitioner); As to: Iragayle L Konig (Respondent)

    Read MoreRead Less
  • 12/28/2020
  • DocketCivil Case Cover Sheet; Filed by: Garden West Estates (Petitioner); As to: Iragayle L Konig (Respondent)

    Read MoreRead Less
  • 12/28/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

    Read MoreRead Less
  • 12/28/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 12/28/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 12/28/2020
  • DocketHearing on Petition To Declare Mobile Home Abandoned scheduled for 05/03/2021 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 12/28/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

    Read MoreRead Less

Tentative Rulings

Case Number: 20STCP04234    Hearing Date: May 3, 2021    Dept: 25

PROCEEDINGS: PETITION TO DECLARE MOBILEHOME ABANDONED

MOVING PARTY: Petitioner Garden West Estates

RESP. PARTY: None

PETITION TO DECLARE MOBILEHOME ABANDONED

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner Garden West Estates’ Petition to Declare Mobilehome Abandoned is CONTINUED TO June 7, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Petition being placed off calendar or denied.

SERVICE:

[ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO

[ ] Correct Address (CCP §§ 1013, 1013a) NO

[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

OPPOSITION: None filed as of April 30, 2021 [ ] Late [X] None

REPLY: None filed as of April 30, 2021 [ ] Late [X] None

ANALYSIS:

I. Background

On December 28, 2020, Petitioner Garden West Estates (“Petitioner”) filed the instant Petition to Declare Mobilehome Abandoned (the “Petition”) against Respondent Iragayle Konig (“Respondent”). Pursuant to Civil Code section 798.61, Petitioner seeks a court order deeming Respondent’s mobilehome, described as a 1980 Somerset, Decal No. LAN5178, Serial No. 5251A/5251B located on Space No. 162 (the “Mobilehome”) at 17700 S. Western, Gardena CA, 90248 (the “Park”) to be abandoned. (Pet., p. 2, ¶ 5.) Petitioner also seeks past due rent and other charges, storage costs, court costs, and attorney’s fees. (Id., Prayer ¶¶ 2-6.)

II. Legal Standard & 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.”

Petitioner did not provide any evidence, such as a declaration from an on-site manager or copies of past-due rent notices, that demonstrate Respondent’s Mobilehome falls within the definition of “abandoned.” Thus, Petitioner is ordered to submit documentary evidence that demonstrates the Mobilehome is abandoned.

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.”

Petitioner submits a copy of a Notice of Belief of Abandonment addressed to Respondent at the Mobilehome. (Pet., Exh. 1.) However, the Petition does not contain any evidence, such as a declaration, demonstrating the Notice of Belief of Abandonment was posted and thereafter served via registered or certified mail as required by Section 798.61, subdivision (b). Thus, Petitioner has not satisfied this requirement.

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.”

Petitioner did not file a proof of service for the Petition and Notice of Hearing. In addition, because it is unclear whether and when the Notice of Belief of Abandonment was served, the Court cannot determine the timeliness of the Petition.

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 does not specify or provide any evidence regarding the rent, other charges, and attorney’s fees sought. Petitioner is ordered to file supplemental papers providing this information.

III. Conclusion & Order

For the foregoing reasons, Petitioner Garden West Estates’ Petition to Declare Mobilehome Abandoned is CONTINUED TO June 7, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Petition being placed off calendar or denied.

Petitioner is ordered to give notice.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where GARDEN WEST ESTATES is a litigant

Latest cases represented by Lawyer JONATHAN T. TREVILLYAN