This case was last updated from Los Angeles County Superior Courts on 01/19/2021 at 03:31:08 (UTC).

IN THE MATTER OF: A1 TRAILER PARK

Case Summary

On 08/21/2020 IN THE MATTER OF A1 TRAILER PARK was filed as an Other lawsuit. 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:

    *******2666

  • Filing Date:

    08/21/2020

  • 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

A1 TRAILER PARK

Respondent and Interested Party

WELHOUSE BERNICE

Attorney/Law Firm Details

Petitioner Attorney

TREVILLYAN JONATHAN T

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petitioner A1 Trailer Park's Petition To Declare M...) of 12/28/2020

12/28/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petitioner A1 Trailer Park's Petition To Declare M...) of 12/28/2020

Judgment - Judgment for Abandonment

12/28/2020: Judgment - Judgment for Abandonment

Minute Order - Minute Order (Hearing on Petitioner A1 Trailer Park's Petition To Declare M...)

12/28/2020: Minute Order - Minute Order (Hearing on Petitioner A1 Trailer Park's Petition To Declare M...)

Notice (name extension) - Notice of Ruling

12/29/2020: Notice (name extension) - Notice of Ruling

Proof of Service by Posting - Proof of Service by Posting

10/22/2020: Proof of Service by Posting - Proof of Service by Posting

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

10/22/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration (name extension) - Declaration Of Allison Phillips In Support of Petition To Declare Mobilehome Abandoned In Support of Default Judgment

10/22/2020: Declaration (name extension) - Declaration Of Allison Phillips In Support of Petition To Declare Mobilehome Abandoned In Support of Default Judgment

Request for Dismissal - Request for Dismissal

10/22/2020: Request for Dismissal - Request for Dismissal

Proof of Service by Posting - Proof of Service by Posting

10/22/2020: Proof of Service by Posting - Proof of Service by Posting

Civil Case Cover Sheet - Civil Case Cover Sheet

8/21/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Notice of Hearing on Petition - Notice of Hearing on Petition

8/21/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

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

8/21/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Petition (name extension) - Petition To Declare Mobilehome Abandoned

8/21/2020: Petition (name extension) - Petition To Declare Mobilehome Abandoned

First Amended Standing Order - First Amended Standing Order

8/21/2020: First Amended Standing Order - First Amended Standing Order

2 More Documents Available

 

Docket Entries

  • 12/29/2020
  • DocketNotice of Ruling; Filed by: A1 Trailer Park (Petitioner); As to: Bernice Welhouse (Respondent)

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  • 12/28/2020
  • DocketDefault judgment by Court entered for Petitioner A1 Trailer Park against Respondent Bernice Welhouse on the Petition filed by A1 Trailer Park on 08/21/2020 for damages of $8,220.00 and costs of $225.00 for a total of $8,445.00.

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  • 12/28/2020
  • DocketJudgment Judgment for Abandonment; Signed and Filed by: A1 Trailer Park (Petitioner); As to: Bernice Welhouse (Respondent)

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  • 12/28/2020
  • DocketUpdated -- Judgment for Abandonment: Name Extension changed from Judgment for Abandonment to for Abandonment; As To Parties changed from Bernice Welhouse (Respondent) to Bernice Welhouse (Respondent)

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  • 12/28/2020
  • DocketMinute Order (Hearing on Petitioner A1 Trailer Park's Petition To Declare M...)

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  • 12/28/2020
  • DocketCertificate of Mailing for (Hearing on Petitioner A1 Trailer Park's Petition To Declare M...) of 12/28/2020; Filed by: Clerk

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  • 12/28/2020
  • DocketHearing on Petition To Declare Mobilehome Abandoned scheduled for 12/28/2020 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 12/28/2020; Result Type to Held - Motion Granted

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  • 12/28/2020
  • DocketUpdated -- Petition To Declare Mobilehome Abandoned: Filed By: A1 Trailer Park (Petitioner); Result: Granted; Result Date: 12/28/2020

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  • 10/22/2020
  • DocketDeclaration Of Allison Phillips In Support of Petition To Declare Mobilehome Abandoned In Support of Default Judgment; Filed by: A1 Trailer Park (Petitioner)

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  • 10/22/2020
  • DocketProof of Service by Posting; Filed by: A1 Trailer Park (Petitioner); As to: Bernice Welhouse (Respondent); Mailing Date: 08/24/2020; Service Cost: 75.00; Service Cost Waived: No

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2 More Docket Entries
  • 10/22/2020
  • DocketDefault entered as to Bernice Welhouse; On the Petition filed by A1 Trailer Park on 08/21/2020

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  • 10/22/2020
  • DocketOn the Petition filed by A1 Trailer Park on 08/21/2020, entered Request for Dismissal without prejudice filed by A1 Trailer Park, does 1-10

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  • 10/22/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: A1 Trailer Park (Petitioner); As to: Bernice Welhouse (Respondent)

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  • 08/21/2020
  • DocketHearing on Petition To Declare Mobilehome Abandoned scheduled for 12/28/2020 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 08/21/2020
  • DocketPetition To Declare Mobilehome Abandoned; Filed by: A1 Trailer Park (Petitioner); As to: Bernice Welhouse (Real Party in Interest)

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  • 08/21/2020
  • DocketCivil Case Cover Sheet; Filed by: A1 Trailer Park (Petitioner); As to: Bernice Welhouse (Real Party in Interest)

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  • 08/21/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 08/21/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/21/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/21/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP02666    Hearing Date: December 28, 2020    Dept: 2

HEARING DATE: Mon., December 28, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: A1 Trailer Park v. Welhouse PET. FILED: 08-21-20

CASE NUMBER: 20STCP02666 DEFAULT: 10-22-20

NOTICE: OK

PROCEEDINGS: PETITION TO DECLARE MOBILEHOME ABANDONED

MOVING PARTY: Petitioner A1 Trailer Park

RESP. PARTY: None

PETITION TO DECLARE MOBILEHOME ABANDONED

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner A1 Trailer Park’s Petitioner to Declare Mobilehome Abandoned is CONTINUED TO FEB 8, 2020 AT 11;00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file and serve supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Petition being placed off calendar or denied.

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 December 18, 2020 [ ] Late [X] None

REPLY: None filed as of December 18, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On August 21, 2020, Petitioner A1 Trailer Park (“Petitioner”) filed the instant Petition to Declare Mobilehome Abandoned (the “Petition”) against Respondent Bernice Welhouse (“Respondent”). Pursuant to Civil Code section 798.61, Petitioner seeks a court order deeming Respondent’s mobilehome, described as a 1973 Concord, Decal No. AAT8499, located on Space No. D4 (the “Mobilehome”) at 1280 W. Pac Cst. Hwy, Harbor City, CA 90710 (the “Park”) to be abandoned and to award Petitioner monthly storage charges and attorney’s fees and costs. (Pet. pp. 1-3.)

  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.”

Petitioner submits the Declaration of Alison Phillips (“Phillips”), the property manager for the Park. (10/22/20 Phillips Decl., ¶ 3.) Therein, she states that no rent has been paid since November 2019 and that the Mobilehome has been unoccupied since at least July 3, 2020, the date the 30-day Notice of Belief of Abandonment was sent. (Id. at ¶¶ 6, 7, Exh. 1.) Phillips also states that after the 30-day Notice of Belief of Abandonment was posted, no one contacted her or Petitioner to claim any interest in the Mobilehome. (Id. at ¶¶ 7, 8.) Phillips further states that the Mobilehome is not permanently affixed to the land. (Id.)

Based on the foregoing, Petitioner demonstrated the Mobilehome is abandoned within the meaning of Civil Code section 798.61, subdivision (a)(1).

  1. 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 provides a copy of the Notice of Belief of Abandonment (the “Notice”) dated July 3, 2020. (Pet., Exh. 1.) It also includes a declaration from Christian Trevillyan stating he mailed the Notice via certified mail on July 3, 2020 to Respondent, the only registered owner, and thereafter posted the Notice on the Mobilehome on July 7, 2020. (10/22/20 Trevillyan Decl., ¶¶ 2, 3, Exh. 3.) Although the Court is inclined to find the requirements of Section 798.61, subdivision (b), satisfied, this declaration was not served on Respondent. Thus, Petitioner is ordered to serve a copy of this declaration.

  1. 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 filed proofs of service demonstrating Respondent was served with the Petition on August 24, 2020 via certified mail at 3921 Virginia Ave., Springfield, OR 97478 and by posting on the Mobilehome on August 28, 2020. (10/22/20 Proof of Service.) Thus, the service requirements of Civil Code section 798.61, subdivision (c)(1), are satisfied.

  1. 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 seeks monthly storage charges of $822.00 per month from November 2019, totaling $8,220.00, and attaches a copy of Respondent’s November 2019 statement demonstrating her rent charges were $822.00 per month. (Pet., ¶ 6; 10/22/20 Phillips Decl., ¶¶ 9, 10, Exh. 4.) Petitioner also requested attorney’s fees but did not include a declaration from counsel detailing his hourly rate or time spent on this matter. Thus, Petitioner is ordered to file supplemental papers providing this information.

  1. Conclusion & Order

For the foregoing reasons, Petitioner A1 Trailer Park’s Petitioner to Declare Mobilehome Abandoned is CONTINUED TO FEB 8, 2020 AT 11:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file and serve supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Petition being placed off calendar or denied.

Moving party is ordered to give notice.