This case was last updated from Los Angeles County Superior Courts on 02/01/2021 at 04:40:58 (UTC).

MERLE'S MANOR II, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS JOSE RAMIREZ, ET AL.

Case Summary

On 11/12/2020 MERLE'S MANOR II, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY filed an Other lawsuit against JOSE RAMIREZ. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3752

  • Filing Date:

    11/12/2020

  • Case Status:

    Pending - Other Pending

  • 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

MERLE'S MANOR II LLC A CALIFORNIA LIMITED LIABILITY COMPANY

Respondents

RAMIREZ GUADALUPE

RAMIREZ JOSE

Attorney/Law Firm Details

Other Attorneys

BEAM GREGORY BRUCE

 

Court Documents

Notice (name extension) - Notice of Continued Hearing on Petition for Permanent Injunction

1/26/2021: Notice (name extension) - Notice of Continued Hearing on Petition for Permanent Injunction

Minute Order - Minute Order (Hearing on Petition for Permanent Injunction)

1/14/2021: Minute Order - Minute Order (Hearing on Petition for Permanent Injunction)

Proof of Personal Service - Proof of Personal Service

12/8/2020: Proof of Personal Service - Proof of Personal Service

Notice of Hearing on Petition - Notice of Hearing on Petition

12/8/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

Proof of Personal Service - Proof of Personal Service

12/8/2020: Proof of Personal Service - Proof of Personal Service

Petition (name extension) - Petition for Permanent Injunction

11/12/2020: Petition (name extension) - Petition for Permanent Injunction

Declaration (name extension) - Declaration of Mario Flores in Support of Petition for Permanent Injunction

11/12/2020: Declaration (name extension) - Declaration of Mario Flores in Support of Petition for Permanent Injunction

Declaration (name extension) - Declaration of Trish Simpson in Support of Petition for Permanent Injunction

11/12/2020: Declaration (name extension) - Declaration of Trish Simpson in Support of Petition for Permanent Injunction

Civil Case Cover Sheet - Civil Case Cover Sheet

11/12/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Declaration (name extension) - Declaration of Gregory B. Beam in Support of Petition for Permanent Injunction

11/12/2020: Declaration (name extension) - Declaration of Gregory B. Beam in Support of Petition for Permanent Injunction

First Amended Standing Order - First Amended Standing Order

11/12/2020: First Amended Standing Order - First Amended Standing Order

Notice of Hearing on Petition - Notice of Hearing on Petition

11/12/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

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

11/12/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

1 More Documents Available

 

Docket Entries

  • 02/17/2021
  • Hearing02/17/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Petition (name extension)

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  • 01/26/2021
  • DocketNotice of Continued Hearing on Petition for Permanent Injunction; Filed by: Merle's Manor II, LLC, a California limited liability company (Petitioner)

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  • 01/14/2021
  • DocketMinute Order (Hearing on Petition for Permanent Injunction)

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  • 01/14/2021
  • DocketOn the Court's own motion, Hearing on Petition for Permanent Injunction scheduled for 01/14/2021 at 11:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 02/17/2021 10:30 AM

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  • 12/08/2020
  • DocketNotice of Hearing on Petition; Filed by: Merle's Manor II, LLC, a California limited liability company (Petitioner)

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  • 12/08/2020
  • DocketProof of Personal Service; Filed by: Merle's Manor II, LLC, a California limited liability company (Petitioner); As to: Jose Ramirez (Respondent); Service Date: 12/03/2020; Service Cost: 85.00; Service Cost Waived: No

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  • 12/08/2020
  • DocketProof of Personal Service; Filed by: Merle's Manor II, LLC, a California limited liability company (Petitioner); As to: Guadalupe Ramirez (Respondent); Service Date: 12/03/2020; Service Cost: 25.00; Service Cost Waived: No

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  • 12/01/2020
  • DocketPursuant to the request of plaintiff, Hearing on Petition for Permanent Injunction scheduled for 03/18/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Party was rescheduled to 01/14/2021 11:00 AM

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  • 11/13/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 11/13/2020
  • DocketHearing on Petition for Permanent Injunction scheduled for 03/18/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 11/12/2020
  • DocketPetition for Permanent Injunction; Filed by: Merle's Manor II, LLC, a California limited liability company (Petitioner); As to: Jose Ramirez (Respondent); Guadalupe Ramirez (Respondent)

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  • 11/12/2020
  • DocketDeclaration of Trish Simpson in Support of Petition for Permanent Injunction; Filed by: Merle's Manor II, LLC, a California limited liability company (Petitioner); As to: Jose Ramirez (Respondent); Guadalupe Ramirez (Respondent)

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  • 11/12/2020
  • DocketCivil Case Cover Sheet; Filed by: Merle's Manor II, LLC, a California limited liability company (Petitioner); As to: Jose Ramirez (Respondent); Guadalupe Ramirez (Respondent)

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  • 11/12/2020
  • DocketDeclaration of Mario Flores in Support of Petition for Permanent Injunction; Filed by: Merle's Manor II, LLC, a California limited liability company (Petitioner); As to: Jose Ramirez (Respondent); Guadalupe Ramirez (Respondent)

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  • 11/12/2020
  • DocketDeclaration of Gregory B. Beam in Support of Petition for Permanent Injunction; Filed by: Merle's Manor II, LLC, a California limited liability company (Petitioner); As to: Jose Ramirez (Respondent); Guadalupe Ramirez (Respondent)

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  • 11/12/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 11/12/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/12/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STCP03752    Hearing Date: January 14, 2021    Dept: 25

HEARING DATE: Thu., January 14, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Merle’s Manor II, LLC v. Ramirez, et al. PET. FILED: 11-12-20

CASE NUMBER: 20STCP03752

NOTICE: OK

PROCEEDINGS: PETITION FOR PERMANENT INJUNCTION PURSUANT TO CIVIL CODE SECTION 798.88

MOVING PARTY: Petitioner Merle’s Manor II, LLC

RESP. PARTY: None

PERMANENT INJUNCTION

(Civil Code § 798.88)

TENTATIVE RULING:

Petitioner Merle’s Manor II, LLC’s Petition for Permanent Injunction Pursuant to Civil Code section 798.88 is GRANTED FOR A PERIOD OF THREE YEARS. However, the request for attorney’s fees and costs pursuant to Section 798.85 is CONTINUED TO MARCH 1, 2021 at 10:30 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 identified herein. Failure to do so may result in the request for attorney’s fees and costs being 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 January 12, 2021 [ ] Late [X] None

REPLY: None filed as of January 12, 2021 [ ] Late [X] None

ANALYSIS:

I. Background

Petitioner Merle’s Manor II, LLC (“Petitioner”) filed the instant Petition for Permanent Injunction Pursuant to Civil Code section 798.88 (the “Petition”) against Respondents Jose Ramirez (“Jose”) and Guadalupe Ramirez (“Guadalupe”) (collectively, “Respondents”) on November 12, 2020. Petitioner moves pursuant to Civil Code section 798.88 for an order enjoining Respondents from continuing violations of the rules of Petitioner’s mobilehome park located at 1000 N. Figueroa St., Wilmington, CA 90744 (the “Mobilehome Park”). (Pet., pp. 7-8, ¶¶ 2, 14-16.) Respondents’ mobilehome occupies Space No. 2 in Defendant’s Mobilehome Park (the “Premises”). (Id. at ¶ 2.) Petitioner requests that Respondents be immediately ordered to (1) remove all items outside their mobilehome and storage shed except outdoor patio furniture and barbecues and be prohibited from storing any items except outdoor patio furniture and barbecues outside the mobilehome; (2) remove two unapproved, unregistered dogs; (3) trim the overgrown trees and bushes; (4) repair and/or replace the damaged skirting on the mobilehome; and (5) paint the storage shed in a color that matches Respondents’ mobilehome. (Pet., Prayer, ¶ 1.)

II. Legal Standard

The Mobilehome Residency Law (“MRL”) gives management an injunctive relief remedy for violations of “reasonable” park rules and regulations. (Civ. Code, § 798.88.) Specifically, management may obtain a restraining order against a continuing or recurring violation of any “reasonable rule or regulation.” (Civ. Code, § 798.88, subd. (b); Rancho Santa Paula Mobilehome Park, Ltd. v. Evans (1994) 26 Cal.App.4th 1139, 1142.) At the time of the hearing, the court shall issue the injunction if it finds by clear and convincing evidence the existence of a continuing or recurring violation of a “reasonable rule or regulation.” (Civ. Code, § 798.88, subd. (d).) The duration of the injunction may not exceed three years. (Civ. Code, § 798.88, subd. (d).)

III. Discussion

A. Permanent Injunction

Petitioner personally served Respondents with the Petition on December 3, 2020. (12/8/20 Proofs of Service.)

The Petition is supported by the declarations of Trish Simpson (“Simpson”), the regional manager of the Mobilehome Park, and Mario Flores (“Flores”), the resident manager of the Mobilehome Park. Simpson states in her declaration that Petitioner is the owner of the Mobilehome Park and that Respondents entered into a written lease with the Petitioner on or about October 14, 1999. (Mot., Simpson Decl., ¶ 2.) Thereafter, on or about March 15, 2020, Respondents entered into an updated lease agreement requiring, in pertinent part, that Respondents comply with all of the Mobilehome Park’s Rules and Regulations (the “Rules”). (Id., Exh. 1.) The Rules were incorporated into the new lease agreement signed on March 15, 2020. (Id.)

Prior to August 18, 2020, Flores observed Respondents violating several Mobilehome Park Rules as follows: (1) by having two unregistered dogs, tying them up outside unattended, allowing them to roam the Mobilehome Park without a leash, and failing to clean up feces; (2) by having numerous items stored outside of their mobilehome and failing to maintain the mobilehome landscaping; (3) by having damaged skirting on their mobilehome, overgrown trees and weeds; and (4) by failing to paint the storage shed in a color that matched Respondents’ mobilehome. (Mot., Flores Decl., ¶ 4.) Following these violations, on August 18, 2020, Simpson issued a Seven-Day Notice to comply with the Rules. (Mot., Simpson Decl., ¶ 3, Exh. 3.) Respondents only partially complied with the first Seven-Day Notice. (Id., Flores Decl., ¶ 4(a).) On October 8, 2020, Petitioner’s counsel issued a second Seven-Day Notice for continuous violations of the Mobilehome Park Rules. (Id., Beam Decl., ¶ 2, Exh. 4.) Respondents were also given informal notices of their Rule violations prior to service of the Seven-Day Notices. (Id., Simpson Decl., ¶ 6; Flores Decl., ¶ 4.) Despite the Seven-Day Notices and informal notices, Respondents failed to cure their violations. (Id. Simpson Decl., ¶ 7.) Specifically, Respondents (1) have not removed all items from the Premises, (2) continue to allow their two dogs to roam free in the Mobilehome Park; (3) have not painted the storage shed in a color that matches their mobilehome; (4) have failed to maintain the landscaping; and (5) have not fixed the damaged skirting on their mobilehome. (Id.; Flores Decl., ¶ 6.)

Based on the foregoing evidence, which is unopposed, the Court finds that Petitioner has shown a continuing violation of its reasonable rules and regulations by clear and convincing evidence. Thus, the Petition for a Permanent Injunction against Respondents is GRANTED.

B. Attorney’s Fees and Costs

Petitioner requests its reasonable attorney’s fees and costs as provided for under Civil Code section 798.85. (Pet, Prayer ¶ 1.) Civil Code section 798.85 provides that the prevailing party shall be entitled to its reasonable attorney’s fees and costs.

Although requested in the Petition, no evidence was provided regarding the attorney’s fees or costs incurred. Thus, Petitioner is ordered to file and serve supplemental papers providing this information.

IV. Conclusion & Order

For the foregoing reasons, Petitioner Merle’s Manor II, LLC’s Petition for Permanent Injunction Pursuant to Civil Code section 798.88 is GRANTED FOR A PERIOD OF THREE YEARS. However, the request for attorney’s fees and costs pursuant to Section 798.85 is CONTINUED TO MARCH 1, 2021 at 10:30 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 identified herein. Failure to do so may result in the request for attorney’s fees and costs being denied.

Moving party is ordered to give notice.