This case was last updated from Los Angeles County Superior Courts on 06/06/2020 at 14:46:09 (UTC).

MERLE'S MANOR II, LLC VS DOMITILO GUDINO

Case Summary

On 11/26/2019 MERLE'S MANOR II, LLC filed an Other lawsuit against DOMITILO GUDINO. 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 - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5067

  • Filing Date:

    11/26/2019

  • Case Status:

    Disposed - Other Disposed

  • 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

Respondent

GUDINO DOMITILO

Attorney/Law Firm Details

Petitioner Attorney

BEAM GREGORY BRUCE

 

Court Documents

Order (name extension) - Order Granting Petition for Permanent Injunction Pursuant to Civil Code section 798.88

2/5/2020: Order (name extension) - Order Granting Petition for Permanent Injunction Pursuant to Civil Code section 798.88

Proof of Personal Service - Proof of Personal Service

2/6/2020: Proof of Personal Service - Proof of Personal Service

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

1/30/2020: Notice (name extension) - Notice Amended Notice of Hearing on Petition for Permanent Injunction

Proof of Service by Mail - Proof of Service by Mail

1/30/2020: Proof of Service by Mail - Proof of Service by Mail

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

2/5/2020: Minute Order - Minute Order (Hearing on Petition for Permanent Injunction)

Proof of Personal Service - Proof of Personal Service

1/28/2020: Proof of Personal Service - Proof of Personal Service

Notice of Hearing on Petition - Notice of Hearing on Petition

1/28/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

Challenge To Judicial Officer - Peremptory (170.6) - Challenge To Judicial Officer - Peremptory (170.6)

12/6/2019: Challenge To Judicial Officer - Peremptory (170.6) - Challenge To Judicial Officer - Peremptory (170.6)

Minute Order - Minute Order (Court Order)

12/6/2019: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for [Minute Order (Court Order)]

12/6/2019: Certificate of Mailing for - Certificate of Mailing for [Minute Order (Court Order)]

Civil Case Cover Sheet - Civil Case Cover Sheet

11/26/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

11/26/2019: Declaration (name extension) - Declaration of Trish Simpson in Support of Petition for Permanent Injunction

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

11/26/2019: Declaration (name extension) - Declaration of Mario Flores in Support of Petition for Permanent Injunction

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

11/26/2019: Declaration (name extension) - Declaration of Gregory B. Beam in Support of Petition for Permanent Injunction

Petition (name extension) - Petition for Permanent Injunction

11/26/2019: Petition (name extension) - Petition for Permanent Injunction

Notice of Hearing on Petition - Notice of Hearing on Petition

11/26/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

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

11/26/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

11/26/2019: First Amended Standing Order - First Amended Standing Order

6 More Documents Available

 

Docket Entries

  • 02/06/2020
  • DocketProof of Personal Service; Filed by: Merle's Manor II, LLC (Petitioner); As to: Domitilo Gudino (Respondent); Service Date: 02/05/2020; Service Cost Waived: No

    Read MoreRead Less
  • 02/05/2020
  • DocketOrder Granting Petition for Permanent Injunction Pursuant to Civil Code section 798.88; Filed by: Merle's Manor II, LLC (Petitioner)

    Read MoreRead Less
  • 02/05/2020
  • DocketMinute Order (Hearing on Petition for Permanent Injunction)

    Read MoreRead Less
  • 02/05/2020
  • DocketHearing on Petition for Permanent Injunction scheduled for 02/05/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/05/2020; Result Type to Held

    Read MoreRead Less
  • 01/30/2020
  • DocketNotice Amended Notice of Hearing on Petition for Permanent Injunction; Filed by: Merle's Manor II, LLC (Petitioner); As to: Domitilo Gudino (Respondent)

    Read MoreRead Less
  • 01/30/2020
  • DocketProof of Service by Mail; Filed by: Merle's Manor II, LLC (Petitioner); As to: Domitilo Gudino (Respondent)

    Read MoreRead Less
  • 01/28/2020
  • DocketNotice of Hearing on Petition; Filed by: Merle's Manor II, LLC (Petitioner)

    Read MoreRead Less
  • 01/28/2020
  • DocketProof of Personal Service; Filed by: Merle's Manor II, LLC (Petitioner); As to: Domitilo Gudino (Respondent); Service Date: 01/26/2020; Service Cost Waived: No

    Read MoreRead Less
  • 12/16/2019
  • DocketPursuant to the request of plaintiff, Hearing on Petition for Permanent Injunction scheduled for 04/01/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Advanced and Continued - by Court was rescheduled to 02/05/2020 10:30 AM

    Read MoreRead Less
  • 12/06/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. Serena R. Murillo; Reason: Challenge / Recusal, by Plaintiff

    Read MoreRead Less
4 More Docket Entries
  • 11/26/2019
  • DocketPetition for Permanent Injunction; Filed by: Merle's Manor II, LLC (Petitioner); As to: Domitilo Gudino (Respondent)

    Read MoreRead Less
  • 11/26/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 11/26/2019
  • DocketDeclaration of Trish Simpson in Support of Petition for Permanent Injunction; Filed by: Merle's Manor II, LLC (Petitioner); As to: Domitilo Gudino (Respondent)

    Read MoreRead Less
  • 11/26/2019
  • DocketCivil Case Cover Sheet; Filed by: Merle's Manor II, LLC (Petitioner); As to: Domitilo Gudino (Respondent)

    Read MoreRead Less
  • 11/26/2019
  • DocketDeclaration of Mario Flores in Support of Petition for Permanent Injunction; Filed by: Merle's Manor II, LLC (Petitioner); As to: Domitilo Gudino (Respondent)

    Read MoreRead Less
  • 11/26/2019
  • DocketDeclaration of Gregory B. Beam in Support of Petition for Permanent Injunction; Filed by: Merle's Manor II, LLC (Petitioner); As to: Domitilo Gudino (Respondent)

    Read MoreRead Less
  • 11/26/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

    Read MoreRead Less
  • 11/26/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 11/26/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 11/26/2019
  • DocketHearing on Petition for Permanent Injunction scheduled for 04/01/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less

Tentative Rulings

Case Number: 19STCP05067    Hearing Date: February 05, 2020    Dept: 26

Merle’s Manor II, LLC v. Gudino, et al.

PERMANENT INJUNCTION

(Civil Code § 798.88)

TENTATIVE RULING:

Petitioner Merle’s Manor II, LLC’s Petition for Permanent Injunction Against Respondent Domitilo Gudino is GRANTED.

ANALYSIS:

Petitioner Merle’s Manor II, LLC (“Petitioner”) filed the instant Petition for Permanent Injunction against Domitilo Gudino (“Respondent”) on November 26, 2019. Petitioner moves pursuant to Civil Code section 786.88 for an order enjoining Respondent from continuing violation of the rules of Petitioner’s Mobile Home Park. Specifically, that Respondent be immediately (1) ordered to remove all items from outside the Mobile Home and storage shed except outdoor patio furniture and barbecues from the Premises, and prohibited from storing any items except outdoor patio furniture and barbecues outside of the Mobile Home and on the Premises; (2) prohibited from tying his dog up outside and allowing his dog to roam the Park without a leash; (3) ordered to trim the overgrown trees and bushes on the Premises; and (4) prohibited from playing loud music and from swearing at his neighbors. (Notice of Hearing, filed 1/28/20.)

The Petition and Notice of Hearing were personally served on Respondent on January 26, 2020. To date, no opposition has been filed.

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, § 786.88, subd. (b); Rancho Santa Paula Mobilehome Park, Ltd. v. Evans (1994) 26 Cal.App.4th 1139, 1142.) The Petition and Notice of Hearing must be personally served on the respondent. (Civ. Code, § 786.88, subd. (c).) 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, § 786.88, subd. (d).) The duration of the injunction may not exceed three years. (Civ. Code, § 786.88, subd. (d).)

Discussion

Petitioner has complied with the service requirements set forth at Civil Code section 798.88, subdivision (c) by personally serving Respondent with the Petition and Notice of Hearing. The Petition is supported by the declarations of the Mobile Home Park’s manager, Mario Flores (“Flores”) and regional manager, Trish Simpson (“Simpson”). Simpson states in her declaration that the subject Mobile Home Park (“the Park”) is located at 1000 N. Figueroa Street, Wilmington, California and is owned by Petitioner. (Pet., Simpson Decl., ¶1.) Both Flores and Simpson work for St. Claire Management, which was hired by Petitioner to oversee operations of the Park. (Pet., Flores Decl., ¶1.) On July 3, 2003, Respondent entered into a written agreement with Petitioner to lease Space 71 of the Park (“the Premises”). (Id. at ¶2 and Exh. A.) Respondent owns the Mobile Home that is located on the Premises. (Id. at ¶2.) Pursuant to the lease agreement, Respondent agreed to the Park Rules, which were incorporated therein. (Id. at ¶3.)

Since June 2019, Flores has observed Respondent violating several Park Rules as follows:

(Id. at ¶4(a)-(d).) Following these violations, Petitioner’s counsel issued seven-day Notices to Comply with Rules and Regulations in July and October, 2019. (Id. at ¶4(e) and Exh. C; Beam Decl., ¶¶2-3; Exhs. 3-5.) Despite these Notices to Comply, Respondent continues to be in violation of Rules. (Id. at ¶4(d).) 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.

The Petition for Permanent Injunction Against Respondent Domitilo Gudino is GRANTED.

Moving party to give notice.