This case was last updated from Los Angeles County Superior Courts on 11/20/2020 at 20:01:57 (UTC).

METROPOLITAN MOBILE HOME PARK, L.P., A CALIFORNIA LIMITED PARTNERSHIP VS MARICELLA BARILLAS

Case Summary

On 11/18/2019 METROPOLITAN MOBILE HOME PARK, L P , A CALIFORNIA LIMITED PARTNERSHIP filed an Other lawsuit against MARICELLA BARILLAS. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4953

  • Filing Date:

    11/18/2019

  • 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

SERENA R. MURILLO

 

Party Details

Petitioner

METROPOLITAN MOBILE HOME PARK L.P. A CALIFORNIA LIMITED PARTNERSHIP DBA METROPOLITAN ESTATES

Respondent

BARILLAS MARICELLA AKA MARIA BARILLAS

Attorney/Law Firm Details

Petitioner Attorney

WEAVER LARRY WAYNE

 

Court Documents

Notice of Ruling - Notice of Ruling

10/29/2020: Notice of Ruling - Notice of Ruling

Notice (name extension) - Notice Inventory of Contents of Abanoned Mobilehome Civil Code 798.61

10/30/2020: Notice (name extension) - Notice Inventory of Contents of Abanoned Mobilehome Civil Code 798.61

Judgment - Judgment of Abandonment

10/26/2020: Judgment - Judgment of Abandonment

Minute Order - Minute Order (Hearing on Petition for Declaration of Abandonment)

10/26/2020: Minute Order - Minute Order (Hearing on Petition for Declaration of Abandonment)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition for Declaration of Abandonment) of 10/26/2020

10/26/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition for Declaration of Abandonment) of 10/26/2020

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

6/19/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice of Continuance

6/23/2020: Notice (name extension) - Notice of Continuance

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

4/20/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

4/21/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

3/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Declaration (name extension) - Declaration of John Verhoeven in Support of Default Judgment of Abandonment

1/3/2020: Declaration (name extension) - Declaration of John Verhoeven in Support of Default Judgment of Abandonment

Proof of Service by Mail - Proof of Service by Mail

1/6/2020: Proof of Service by Mail - Proof of Service by Mail

First Amended Standing Order - First Amended Standing Order

11/18/2019: First Amended Standing Order - First Amended Standing Order

Notice (name extension) - Notice Notice of Filing Petition for Declaration of Abandonment

11/18/2019: Notice (name extension) - Notice Notice of Filing Petition for Declaration of Abandonment

Civil Case Cover Sheet - Civil Case Cover Sheet

11/18/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Notice of Hearing on Petition - Notice of Hearing on Petition

11/18/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

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

11/18/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

8 More Documents Available

 

Docket Entries

  • 10/30/2020
  • DocketNotice Inventory of Contents of Abanoned Mobilehome Civil Code 798.61; Filed by: Metropolitan Mobile Home Park, L.P., a California Limited Partnership (Petitioner); As to: Maricella Barillas (Respondent)

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  • 10/29/2020
  • DocketNotice of Ruling; Filed by: Metropolitan Mobile Home Park, L.P., a California Limited Partnership (Petitioner)

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  • 10/26/2020
  • DocketUpdated -- Petition Petition for Declaration of Abandonment: Filed By: Metropolitan Mobile Home Park, L.P., a California Limited Partnership (Petitioner); Result: Granted; Result Date: 10/26/2020

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  • 10/26/2020
  • DocketJudgment of Abandonment; Filed by: Metropolitan Mobile Home Park, L.P., a California Limited Partnership (Petitioner); As to: Maricella Barillas (Respondent)

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  • 10/26/2020
  • DocketMinute Order (Hearing on Petition for Declaration of Abandonment)

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  • 10/26/2020
  • DocketCertificate of Mailing for (Hearing on Petition for Declaration of Abandonment) of 10/26/2020; Filed by: Clerk

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  • 10/26/2020
  • DocketHearing on Petition Petition for Declaration of Abandonment scheduled for 10/26/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 10/26/2020; Result Type to Held - Motion Granted

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  • 06/23/2020
  • DocketNotice of Continuance; Filed by: Metropolitan Mobile Home Park, L.P., a California Limited Partnership (Petitioner); As to: Maricella Barillas (Respondent)

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  • 06/19/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 06/19/2020
  • DocketReset - Court Unavailable, Hearing on Petition Petition for Declaration of Abandonment scheduled for 07/30/2020 at 09:00 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 10/26/2020 10:30 AM

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7 More Docket Entries
  • 01/03/2020
  • DocketDeclaration of John Verhoeven in Support of Default Judgment of Abandonment; Filed by: Metropolitan Mobile Home Park, L.P., a California Limited Partnership (Petitioner)

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  • 12/02/2019
  • DocketProof of Mailing (Substituted Service); Filed by: Metropolitan Mobile Home Park, L.P., a California Limited Partnership (Petitioner); As to: Maricella Barillas (Respondent); Mailing Date: 11/21/2019; Service Cost: 48.00; Cost Waived: No

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  • 11/19/2019
  • DocketHearing on Petition Petition for Declaration of Abandonment scheduled for 03/23/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/19/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 11/18/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/18/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/18/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 11/18/2019
  • DocketCivil Case Cover Sheet; Filed by: Metropolitan Mobile Home Park, L.P., a California Limited Partnership (Petitioner); As to: Maricella Barillas (Respondent)

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  • 11/18/2019
  • DocketNotice Notice of Filing Petition for Declaration of Abandonment; Filed by: Metropolitan Mobile Home Park, L.P., a California Limited Partnership (Petitioner); As to: Maricella Barillas (Respondent)

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  • 11/18/2019
  • DocketPetition Petition for Declaration of Abandonment; Filed by: Metropolitan Mobile Home Park, L.P., a California Limited Partnership (Petitioner); As to: Maricella Barillas (Respondent)

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Tentative Rulings

Case Number: 19STCP04953    Hearing Date: October 26, 2020    Dept: 26

Metropolitan Mobile Home Park, LP v. Barillas, et al

PETITION TO DECLARE MOBILEHOME ABANDONED 

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner Metropolitan Mobile Home Park, LP’s Petition to Declare Mobile Home Abandoned is CONTINUED TO JANUARY 25, 2021 AT 09:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE

ANALYSIS:

On November 18, 2019, Petitioner Metropolitan Mobile Home Park, LP (“Petitioner”) filed a Petition to Declare Mobile Home Abandoned against Respondent Maricella Barillas aka Maria Barillas (“Respondent”). To date, no opposition has been filed.

Discussion

Pursuant to Civil Code section 798.61, Petitioner seeks a court order deeming Respondent’s mobile home, (“the Mobile Home”) located on Space #127 at Metropolitan Estates, 16600 Orange Avenue, City of Paramount, (the “Park”), to be abandoned, awarding Petitioner rent and other charges due on the Mobile Home site, and granting attorney fees and costs. (Pet., Prayer, ¶¶1-6.)

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.”

(Civ. Code, § 798.61, subd. (a)(1).) Petitioner has submitted the declaration of its General Manager, John Verhoeven, who states that it prevailed in an unlawful detainer action against Respondent on September 24, 2019. (Pet., Verhoeven Decl., ¶6.) Respondent was evicted but the Mobilehome continues to occupy the premises. (Id. at ¶7.) In the 60 days preceding the filing of the Petition, no rent has been paid for the Mobile Home and it has been unoccupied. (Id. at ¶10.) Finally, no one has contacted Petitioner since the notice of abandonment was posted. (Id. at ¶¶11-12 and Exh. D.)

This evidence supports the allegation in the Petition that no rent has been paid for the space for the 60 preceding days and that a reasonable person would believe the Mobile Home to be abandoned. (Pet., ¶5.) Therefore, Petitioner has demonstrated through admissible evidence that the Mobile Home is abandoned within the meaning of Civil Code section 798.61, subdivision (a)(1).

 

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.”

(Civ. Code, § 798.61, subd. (b).) Petitioner attaches a Notice of the Belief of Abandonment to the supporting declaration of its property manager and demonstrates that it was served on Respondent by posting and certified mail. (Pet., Exh. C.) Therefore, Petitioner has satisfied the requirements of Civil Code, section 798.61, subdivision (b).

 

C. Petition for Judicial Declaration—Civ. Code § 798.61(c)

Civ. Code § 798.61(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.” (Emphasis added.)

(Civ. Code, § 798.61, subd. (c)(1).) The Court notes that the City of Paramount is located in the County of Los Angeles, which is within this Court’s jurisdiction. The Court further determines that the Petition was filed more than 30 days after the Notice of Belief of Abandonment was posted. Also, notice of the hearing date was served on Respondents on June 23, 2020. (Notice of Continuance, filed 6/23/20.)

D. Charges, Attorneys’ Fees and Costs

“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.” (Civ. Code, § 798.61, subd. (d)(2).) Petitioner has not demonstrated that it is entitled to storage fees from April 1, 2019 in the amount of $41.81 per day. (Pet., Exh. A.) The lease agreement attached to the Petition is illegible with respect to the particulars, including rent. (Id. at ¶3.2.) Petitioner offers no explanation as to how the damages were calculated. Also, although sought in the Petition, no evidence is presented with respect to attorney’s fees or costs. (Pet., Prayer, ¶¶4, 6.)

Based on the foregoing, the Petition to Declare Mobile Home Abandoned is CONTINUED TO JANUARY 25, 2021 AT 09:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PETITIONER IS TO FILE AND SERVE SUPPLEMENTAL PAPERS WITH ADMISSIBLE EVIDENCE REGARDING IT DAMAGES, ATTORNEY FEES AND COSTS. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

Moving party to give notice.