This case was last updated from Los Angeles County Superior Courts on 04/30/2020 at 01:02:12 (UTC).

KNOLLS LODGE, LP VS DONALD E. MARTIN, ET AL.

Case Summary

On 07/02/2019 KNOLLS LODGE, LP filed an Other lawsuit against DONALD E MARTIN. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2831

  • Filing Date:

    07/02/2019

  • Case Status:

    Other

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Petitioner

KNOLLS LODGE LP DBA KNOLLS LODGE

Respondents

MARTIN DONALD E.

10 INCLUSIVE DOES 1 TO

Attorney/Law Firm Details

Petitioner Attorney

WILLIAMSON AIRENE

 

Court Documents

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/15/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Request for Dismissal - Request for Dismissal

4/21/2020: Request for Dismissal - Request for Dismissal

Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing for Publication re: Donald

2/25/2020: Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing for Publication re: Donald

Notice (name extension) - Notice of Continuance of Hearing on Petition for Judicial Declaration of Abandonment

2/25/2020: Notice (name extension) - Notice of Continuance of Hearing on Petition for Judicial Declaration of Abandonment

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

1/30/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Declaration of Mailing - Declaration of Mailing

12/26/2019: Declaration of Mailing - Declaration of Mailing

Minute Order - Minute Order (Hearing on Petition Petition for Judicial Declaration of Aban...)

11/5/2019: Minute Order - Minute Order (Hearing on Petition Petition for Judicial Declaration of Aban...)

Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing for Publication re: Donald

10/1/2019: Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing for Publication re: Donald

Request for Dismissal - Request for Dismissal

7/30/2019: Request for Dismissal - Request for Dismissal

Proof of Service by Posting - Proof of Service by Posting

7/19/2019: Proof of Service by Posting - Proof of Service by Posting

Proof of Service by Posting - Proof of Service by Posting

7/19/2019: Proof of Service by Posting - Proof of Service by Posting

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

7/2/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

7/2/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Petition

7/2/2019: Summons - Summons on Petition

Petition (name extension) - Petition Petition for Judicial Declaration of Abandonment of the Mobile Home

7/2/2019: Petition (name extension) - Petition Petition for Judicial Declaration of Abandonment of the Mobile Home

First Amended Standing Order - First Amended Standing Order

7/2/2019: First Amended Standing Order - First Amended Standing Order

Notice of Hearing on Petition - Notice of Hearing on Petition

7/2/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

7 More Documents Available

 

Docket Entries

  • 04/21/2020
  • DocketOn the Petition filed by Knolls Lodge, LP on 07/02/2019, entered Request for Dismissal without prejudice filed by Knolls Lodge, LP as to the entire action

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  • 04/21/2020
  • DocketHearing on Petition for Judicial Declaration of Abandonment of the Mobile Home scheduled for 07/08/2020 at 09:00 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 04/21/2020

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  • 04/15/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/15/2020
  • DocketReset - Court Unavailable, Hearing on Petition Petition for Judicial Declaration of Abandonment of the Mobile Home scheduled for 04/28/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Court's Motion was rescheduled to 07/08/2020 09:00 AM

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  • 02/25/2020
  • DocketUpdated -- Declaration of Mailing: Result Date: 02/25/2020; As To Parties: removed

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  • 02/25/2020
  • DocketUpdated -- Application for Publication for Donald: Name Extension: for Donald; Result Date: 02/25/2020; As To Parties changed from Donald E. Martin (Respondent) to Donald E. Martin (Respondent); Status changed from Filed to Rejected

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  • 02/25/2020
  • DocketOrder for Publication for Donald - Rejected; Submitted by: Knolls Lodge, LP (Petitioner); As to: Donald E. Martin (Respondent)

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  • 02/25/2020
  • DocketNotice of Rejection - Ex Parte Application Without Hearing for Publication re: Donald; Filed by:

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  • 02/25/2020
  • DocketNotice of Continuance of Hearing on Petition for Judicial Declaration of Abandonment; Filed by: Knolls Lodge, LP (Petitioner); As to: Donald E. Martin (Respondent)

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  • 01/30/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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14 More Docket Entries
  • 07/19/2019
  • DocketProof of Service by Posting; Filed by: Knolls Lodge, LP (Petitioner); As to: Does 1 to 10 Inclusive (Respondent); Mailing Date: 07/12/2019; Service Cost: 121.45; Service Cost Waived: No

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  • 07/19/2019
  • DocketProof of Service by Posting; Filed by: Knolls Lodge, LP (Petitioner); As to: Donald E. Martin (Respondent); Mailing Date: 07/12/2019; Service Cost: 121.45; Service Cost Waived: No

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  • 07/09/2019
  • DocketHearing on Petition Petition for Judicial Declaration of Abandonment of the Mobile Home scheduled for 11/05/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/09/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 07/02/2019
  • DocketPetition Petition for Judicial Declaration of Abandonment of the Mobile Home; Filed by: Knolls Lodge, LP (Petitioner); As to: Donald E. Martin (Respondent); Does 1 to 10 Inclusive (Respondent)

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  • 07/02/2019
  • DocketSummons on Petition; Issued and Filed by: Knolls Lodge, LP (Petitioner); As to: Donald E. Martin (Respondent); Does 1 to 10 Inclusive (Respondent)

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  • 07/02/2019
  • DocketCivil Case Cover Sheet; Filed by: Knolls Lodge, LP (Petitioner); As to: Donald E. Martin (Respondent); Does 1 to 10 Inclusive (Respondent)

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  • 07/02/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 07/02/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/02/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STCP02831    Hearing Date: November 05, 2019    Dept: 94

PETITION FOR JUDICIAL DECLARATION OF ABANDONMENT OF MOBILEHOME

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner Knolls Lodge, LP dba Knolls Lodge’s Petition for Judicial Declaration of Abandonment of Mobilehome is CONTINUED to FEB. 11, 2020 at 10:30 a.m. in Department 94.

ANALYSIS:

I. Background

Petitioner Knolls Lodge, LP dba Knolls Lodge, an owner of a mobilehome park, brought this Petition for Judicial Declaration of Abandonment of Mobilehome (the “Petition”) against their tenant, Respondent Donald E. Martin (“Respondent”) on July 2, 2019. According to Petitioner, Respondent is deceased. (Pet. ¶ 2.)

II. Discussion

Before the Court could proceed with the merits of this Petition, there are several procedural issues that must be resolved. While Civ. Code § 798.61 allows the Court to enter a judgment of abandonment as requested by Petitioner, “[w]here a defendant dies and no personal representative is substituted, any judgment rendered is in excess of the court’s jurisdiction to try the case. [Citation.]” (Herring v. Peterson (1981) 116 Cal.App.3d 608, 611-612, emphasis added; see also Sacks v. FSR Brokerage, Inc. (1992) 7 Cal.App.4th 950, 957 [Unless the decedent’s personal representative is made a party, a judgment should not be rendered for or against a decedent, nor for or against the representative.].) Petitioner cannot name a deceased person as a Respondent. Petitioner should have named “Estate of Donald E. Martin” (instead of “Donald E. Martin”), as well as the personal representative of the Estate. Petitioner has failed to do that here; for this reason, the Court cannot consider the Petition at this time and cannot enter a judgment of abandonment on Respondent as named.

The Court hereby exercises its discretion under CCP § 473(a) to give Petitioner leave to amend the Petition and to correct Respondent’s name. Petittioner should identify the personal representative of deceased Respondent, such as an heir, then serve the moving papers on that representative. In the alternative, “[i]f no personal representative has been appointed, the public administrator of a county shall take prompt possession or control of property of a decedent in the county that is deemed by the public administrator to be subject to loss, injury, waste, or misappropriation, or that the court orders into the possession or control of the public administrator after notice to the public administrator as provided in Section 1220.” (Prob. Code § 7601.) If Petitioner cannot identify a personal representative or heir of deceased Respondent, it may contact the public administrator of the County of Los Angeles.

III. Conclusion & Order

For the reasons stated, the Petition is CONTINUED to FEB. 11, 2020 at 10:30 a.m. in Department 94. Petitioner is GRANTED LEAVE TO AMEND the Petition to correctly name a personal representative or public administrator for the estate of deceased Respondent.

Moving party is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.