On 09/16/2020 RICBERAY, INC filed an Other lawsuit against JORGE RODRIGUEZ, SR. 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 Pending - Other Pending.
*******2987
09/16/2020
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
SERENA R. MURILLO
RICBERAY INC. DBA SUNSET GARDENS-WEST MOBILEHOME PARK
RODRIGUEZ JORGE JR AKA GEORGE RODRIGUEZ
GONZALEZ RAMON
RODRIGUEZ REBECA
RODRIGUEZ JORGE SR
BEAM GREGORY BRUCE
12/23/2020: Appeal - Notice of Appeal/Cross Appeal Filed - Appeal - Notice of Appeal/Cross Appeal Filed
12/31/2020: Appeal - Ntc Designating Record of Appeal APP-003/010/103 - Appeal - Ntc Designating Record of Appeal APP-003/010/103
11/13/2020: Brief (name extension) - Brief Petitioner's Brief Regarding Personal Service of Petition and Due Process Requirement for Notice of Hearing
10/30/2020: Request for Dismissal - Request for Dismissal
10/30/2020: Notice of Hearing on Petition - Notice of Hearing on Petition
10/5/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
10/13/2020: Proof of Personal Service - Proof of Personal Service
10/13/2020: Proof of Personal Service - Proof of Personal Service
10/13/2020: Proof of Personal Service - Amended - Proof of Service
10/13/2020: Proof of Personal Service - Amended - Proof of Service
10/14/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service
10/14/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service
9/16/2020: Petition (name extension) - Petition FOR PERMANENT INJUNCTION PURSUANT TO CIVIL CODE SECTION 798.88
9/16/2020: Declaration (name extension) - Declaration of Kimberly Espinoza in Support of Petition
9/16/2020: Declaration (name extension) - Declaration of Dolores Anderson in Support of Petition
9/16/2020: Declaration (name extension) - Declaration of Ricardo Espinoza in Support of Petition
9/16/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
9/16/2020: Notice of Hearing on Petition - Notice of Hearing on Petition
DocketAppeal - Ntc Designating Record of Appeal APP-003/010/103; Filed by: RICBERAY, INC. (Petitioner)
DocketAppeal - Notice of Appeal/Cross Appeal Filed; Filed by: RICBERAY, INC. (Appellant); As to: JORGE RODRIGUEZ, SR (Respondent); REBECA RODRIGUEZ (Respondent); To be paid at Central: Yes
DocketProof of Service by Mail; Filed by: RICBERAY, INC. (Petitioner); As to: JORGE RODRIGUEZ, SR (Respondent); REBECA RODRIGUEZ (Respondent)
DocketCertificate of Mailing for (Hearing on Petition FOR PERMANENT INJUNCTION PURSUANT TO CIVI...) of 12/10/2020; Filed by: Clerk
DocketMinute Order (Hearing on Petition FOR PERMANENT INJUNCTION PURSUANT TO CIVI...)
DocketHearing on Petition FOR PERMANENT INJUNCTION PURSUANT TO CIVIL CODE SECTION 798.88 scheduled for 12/10/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 12/10/2020; Result Type to Held - Motion Denied
DocketUpdated -- Petition FOR PERMANENT INJUNCTION PURSUANT TO CIVIL CODE SECTION 798.88: Filed By: RICBERAY, INC. (Petitioner); Result: Denied; Result Date: 12/10/2020
DocketBrief Petitioner's Brief Regarding Personal Service of Petition and Due Process Requirement for Notice of Hearing; Filed by: RICBERAY, INC. (Petitioner)
DocketOn the Petition filed by RICBERAY, INC. on 09/16/2020, entered Request for Dismissal without prejudice filed by RICBERAY, INC. as to JORGE RODRIGUEZ, JR and RAMON GONZALEZ
DocketUpdated -- Notice of Continued Hearing on Petition for Permanent Injunction: Exact Name: Notice of Continued Hearing on Petition for Permanent Injunction; As To Parties: removed
DocketDeclaration of Kimberly Espinoza in Support of Petition; Filed by: RICBERAY, INC. (Petitioner); As to: JORGE RODRIGUEZ, SR (Respondent); REBECA RODRIGUEZ (Respondent); RAMON GONZALEZ (Respondent) et al.
DocketHearing on Petition FOR PERMANENT INJUNCTION PURSUANT TO CIVIL CODE SECTION 798.88 scheduled for 01/20/2021 at 08:30 AM in Spring Street Courthouse at Department 26
DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse
DocketDeclaration of Gregory B. Beam in Support of Petition; Filed by: RICBERAY, INC. (Petitioner); As to: JORGE RODRIGUEZ, SR (Respondent); REBECA RODRIGUEZ (Respondent); RAMON GONZALEZ (Respondent) et al.
DocketDeclaration of Ricardo Espinoza in Support of Petition; Filed by: RICBERAY, INC. (Petitioner); As to: JORGE RODRIGUEZ, SR (Respondent); REBECA RODRIGUEZ (Respondent); RAMON GONZALEZ (Respondent) et al.
DocketFirst Amended Standing Order; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketNotice of Hearing on Petition; Filed by: Clerk
DocketCivil Case Cover Sheet; Filed by: RICBERAY, INC. (Petitioner); As to: JORGE RODRIGUEZ, SR (Respondent); REBECA RODRIGUEZ (Respondent); RAMON GONZALEZ (Respondent) et al.
DocketDeclaration of Dolores Anderson in Support of Petition; Filed by: RICBERAY, INC. (Petitioner); As to: JORGE RODRIGUEZ, SR (Respondent); REBECA RODRIGUEZ (Respondent); RAMON GONZALEZ (Respondent) et al.
Case Number: 20STCP02987 Hearing Date: December 10, 2020 Dept: 26
Ricebray, Inc. v.
Rodriguez, Sr., et al PERMANENT
INJUNCTION (Civil
Code § 798.88) TENTATIVE RULING: ANALYSIS: Petitioner Ricebray, Inc.
(“Petitioner”) filed the instant Petition for Permanent Injunction Pursuant to
Civil Code Section 798.88 against Jorge
Rodriguez, Sr., Rebecca Rodriguez, Ramon Gonzalez, and Jorge Rodriguez, Jr. aka
George Rodriguez (“Respondents”) on September 16, 2020. Petitioner moves
pursuant to Civil Code section 786.88 for an order enjoining Respondents from
continuing violation of the rules of Petitioner’s Mobile Home Park, Sunset
Gardens-West Mobilehome Park (“the Park), as follows: (1) Respondents shall remove all improperly stored items
from around the Premises and prohibited from storing any items of personal
property, except for outdoor patio furniture and portable barbecues, anywhere
outside the Mobilehome and around the Premises, except in an approved storage
shed; (2) Respondents shall remove Jorge Jr. from the Mobilehome
and the Premises, and shall be prohibited from allowing anyone other than Jorge
Sr., R. Rodriguez and Gonzales, who are the only approved residents for the
Premises, to reside in the Mobilehome; (3) Jorge Jr. shall be ordered to leave the Park and be
prohibited from entering the Park for any reason, and is ordered to remain at
least 100 yards away from all Park employees, including Kimberly Espinoza,
Ricardo Espinoza and Dolores Anderson, at all times; (4) Respondents shall be prohibited from having any guests
stay with Jorge Sr., R. Rodriguez and Gonzalez in the Mobilehome for more than
20 consecutive days or more than 30 days in a calendar year, unless the Guests
apply for residency and are approved as Park residents; and (5) Respondents shall be prohibited from allowing any
guests to use the clubhouse and other common areas of the Park unless
accompanied by Jorge Sr., R. Rodriguez or Gonzalez; (Pet., Prayer, ¶1.) Petitioner
also requests reasonable attorney fees and costs. The Petition initially came for
hearing on October 15, 2020, at which time the Court found Petitioner had not
demonstrated compliance with the personal service requirements of the Notice
and Petition set forth at Civil Code section 798.88, subdivision (c). (Minute
Order, 10/15/20.) The Court continued the hearing to allow Petitioner to
demonstrate compliance with the service requirements. (Ibid.) On October 30, 2020, Petitioner
dismissed Respondents Ramon Gonzalez and Jorge Rodriguez, Jr. from the case. On
November 13, 2020, Petitioner filed a “Briefing Regarding Personal Service of
Petition and Due Process Requirement for Notice of Hearing.” 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).) Discussion Petitioner presents a persuasive argument that personal
service of the Petition and Notice of Hearing is not required in these
circumstances. Specifically, the Court is persuaded that ordinary service of
the Petition and Notice of Hearing satisfy the requirements of Civil Code
section 798.88, and that personal service is only required when a temporary
restraining order is granted prior to the petition for injunction. (Civ. Code,
§ 798.88, subd. (c).) Therefore, substitute service of the Petition and Notice of
Hearing, which was made on Respondents Ramon Gonzalez and Jorge Rodrigeuz, Jr.,
meets the statutory requirements. Furthermore, service on those Respondents is
no longer relevant as they have been dismissed from the action. The Petition is supported by the declarations of the Mobile
Home Park’s assistant manager, Dolores Anderson (“Anderson”) and on-site
resident managers Kimberly Espinoza (“Kimberly”) and Ricardo Espinoza
(“Ricardo”). The declarations demonstrate that Respondents Gonzalez, Jorge Rodriguez, Sr. and Rebecca Rodriguez
reside in the Mobilehome located on Space 111 of the Park and have resided in
the Park since December 2, 1994 pursuant to a written Rental Agreement. (Pet.,
Anderson Decl., ¶2; K. Espinoza Decl., ¶2 and Exh. 1; R. Espinoza Decl., ¶2.)
The Rental Agreement incorporates the Park’s Rules and Regulations, thereby
requiring the residents to abide by the same. (Pet., K. Espinoza Decl., ¶3 and
Exhs. 1-2.) Respondent Jorge Rodriguez, Jr. is Respondents Jorge Rodriguez, Sr. and Rebecca Rodriguez
adult son and has never been approved to reside at the Park. (Pet., Anderson
Decl., ¶2; K. Espinoza Decl., ¶2; R. Espinoza Decl., ¶2.) The Park’s Rules were
revised in 2017 with notice of the revision provided to all the Park’s
residents, including Respondents, with the Revised Rules becoming effective on
March 26, 2018. (Pet., K. Espinoza Decl., ¶4.) The declarations also attest to the following conduct by
Respondents in violation of the Revised Rules. First, on July 14, 2020,
Respondent Jorge Rodriguez, Jr., was recorded on a security camera video around
3:00 a.m. jumping over a fence and into the Park’s pool area with two other
people, despite the pool being closed at that hour and due to the COVID-19
pandemic. (Pet., K. Espinoza Decl., ¶5a.) Respondent Jorge Rodriguez, Jr. was
also was observed drinking and smoking marijuana in the Park's RV parking area.
(Ibid.) This conduct by Respondent Jorge Rodriguez, Jr. is in violation
of the Park’s Revised Rules 13.D., 18.A., 18.B., 18.D. and 18.E. (Ibid.) The other Respondents also allowed Respondent Jorge
Rodriguez, Jr. to stay at the Mobilehome when they were not present and to stay
for more than 20 consecutive days or more than 30 days in a calendar year
without registering with the Park. (Id. at ¶5b.) This was in violation
of the Park’s Revised Rules 5.A., 5.C., 5.E. and 5.F. (Ibid.) Since July 15, 2020, Respondents have stored items on Space
111 and around the Mobilehome and carport, including plastic containers,
cleaning supplies, tarps, a bicycle, plywood, hoses, wire fencing and bricks. (Id.
at ¶5c.) One of the Mobilehome’s windows was also broken. (Ibid.) By
failing to maintain the homesite, Respondents are in violation of the Park’s
Revised Rules 12.A and 12.F. (Ibid.) Also, since July 15, 2020, Respondents had failed to
complete the installation of handrails on the stairs of Mobilehome for a period
of more than four months. (Id. at ¶5d.) Failure to complete
installations on Mobilehomes within 60 days is in violation of the Park’s
Revised Rules 8.D. (Ibid.) The lack of handrails is also a violation of
Title 25 of the California Code of Regulations, section 1504(a). (Ibid.)
In addition to these rule violations, Respondent Jorge
Rodriguez, Jr. has made several threating comments and actions towards
declarants in the month before the Petition was filed. (Id. at ¶7;
Anderson Decl., ¶¶3-4.) Petitioner’s counsel issued 7-day Notices to Comply
with Park Rules and Regulations on August 18, 2020, August 28, 2020, and
September 3, 2020. (Pet., Beam Decl., ¶¶2-3 and Exhs. 4-5; K. Espinoza Decl.,
¶10 and Exh. 6.) Despite the Notices to Comply, Respondents continue to be in
violation of Rules. (K. Espinoza Decl., ¶¶6-12.) Petitioner, therefore, has provided clear and convincing evidence
of Respondents’ violations of the Park’s reasonable Revised Rules. Conclusion Petitioner Ricebray,
Inc.’s Petition for Permanent
Injunction for Violation of Mobile Home Park Rules is GRANTED. Moving party to give
notice.
Case Number: 20STCP02987 Hearing Date: October 15, 2020 Dept: 26
Ricebray, Inc. v.
Rodriguez, Sr., et al PERMANENT
INJUNCTION (Civil
Code § 798.88) TENTATIVE RULING: Petitioner Ricebray,
Inc.’s Petition for Permanent
Injunction is CONTINUED TO DECEMBER 10, 2020 AT 10:30 AM IN DEPARTMENT 26 IN
THE SPRING STREET COURTHOUSE. ANALYSIS: Petitioner Ricebray, Inc.
(“Petitioner”) filed the instant Petition for Permanent Injunction Pursuant to
Civil Code Section 798.88 against Jorge
Rodriguez, Sr., Rebecca Rodriguez, Ramon Gonzalez, and Jorge Rodriguez, Jr.
(“Respondents”) on September 16, 2020. Petitioner moves pursuant to Civil Code
section 786.88 for an order enjoining Respondents from continuing violation of
the rules of Petitioner’s Mobile Home Park, Sunset Gardens-West Mobilehome Park
(“the Park), as follows: (1) Respondents shall remove all improperly stored items
from around the Premises and prohibited from storing any items of personal
property, except for outdoor patio furniture and portable barbecues, anywhere
outside the Mobilehome and around the Premises, except in an approved storage
shed; (2) Respondents shall remove Jorge Jr. from the Mobilehome
and the Premises, and shall be prohibited from allowing anyone other than Jorge
Sr., R. Rodriguez and Gonzales, who are the only approved residents for the
Premises, to reside in the Mobilehome; (3) Jorge Jr. shall be ordered to leave the Park and be
prohibited from entering the Park for any reason, and is ordered to remain at
least 100 yards away from all Park employees, including Kimberly Espinoza,
Ricardo Espinoza and Dolores Anderson, at all times; (4) Respondents shall be prohibited from having any guests
stay with Jorge Sr., R. Rodriguez and Gonzalez in the Mobilehome for more than
20 consecutive days or more than 30 days in a calendar year, unless the Guests
apply for residency and are approved as Park residents; and (5) Respondents shall be prohibited from allowing any
guests to use the clubhouse and other common areas of the Park unless
accompanied by Jorge Sr., R. Rodriguez or Gonzalez; (Pet., Prayer, ¶1.) Petitioner also
requests reasonable attorney fees and costs. 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.) The Petition and Notice of Hearing must be personally served on the
respondent. (Civ. Code, § 798.88, 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, § 798.88, subd. (d).) The duration of the injunction may
not exceed three years. (Civ. Code, § 798.88, subd. (d).) Discussion Petitioner has not demonstrated compliance with the service
requirements set forth at Civil Code section 798.88, subdivision (c), which
require personal service of the Petition and Notice of Hearing. No proof of
service of the Petition or Notice of Hearing has been filed with respect to any
Respondent. The Petition is supported by the declarations of the Mobile
Home Park’s assistant manager, Dolores Anderson (“Anderson”) and on-site
resident managers Kimberly Espinoza (“Kimberly”) and Ricardo Espinoza (“Ricardo”).
The declarations demonstrate that Respondents Gonzalez, Jorge Rodriguez, Sr. and Rebecca Rodriguez reside in the Mobilehome
located on Space 111 of the Park and have resided in the Park since December 2,
1994 pursuant to a written Rental Agreement. (Pet., Anderson Decl., ¶2; K.
Espinoza Decl., ¶2 and Exh. 1; R. Espinoza Decl., ¶2.) The Rental Agreement
incorporates the Park’s Rules and Regulations, thereby requiring the residents
to abide by the same. (Pet., K. Espinoza Decl., ¶3 and Exhs. 1-2.) Respondent
Jorge Rodriguez, Jr. is Respondents Jorge Rodriguez, Sr. and Rebecca Rodriguez adult son and has never been
approved to reside at the Park. (Pet., Anderson Decl., ¶2; K. Espinoza Decl.,
¶2; R. Espinoza Decl., ¶2.) The Park’s Rules were revised in 2017 with notice
of the revision provided to all the Park’s residents, including Respondents,
with the Revised Rules becoming effective on March 26, 2018. (Pet., K. Espinoza
Decl., ¶4.) The declarations also attests to the following conduct by
Respondents in violation of the Revised Rules. First, on July 14, 2020,
Respondent Jorge Rodriguez, Jr., was recorded on a security camera video around
3:00 a.m. jumping over a fence and into the Park’s pool area with two other
people, despite the pool being closed at that hour and due to the COVID-19 pandemic.
(Pet., K. Espinoza Decl., ¶5a.) Respondent Jorge Rodriguez, Jr. was also was
observed drinking and smoking marijuana in the Park's RV parking area. (Ibid.)
This conduct by Respondent Jorge Rodriguez, Jr. is in violation of the Park’s Revised
Rules 13.D., 18.A., 18.B., 18.D. and 18.E. (Ibid.) The other Respondents also allowed Respondent Jorge
Rodriguez, Jr. to stay at the Mobilehome when they were not present and to stay
for more than 20 consecutive days or more than 30 days in a calendar year
without registering with the Park. (Id. at ¶5b.) This was in violation
of the Park’s Revised Rules 5.A., 5.C., 5.E. and 5.F. (Ibid.) Since July 15, 2020, Respondents have stored items on Space
111 and around the Mobilehome and carport, including plastic containers, cleaning
supplies, tarps, a bicycle, plywood, hoses, wire fencing and bricks. (Id.
at ¶5c.) One of the Mobilehome’s windows was also broken. (Ibid.) By
failing to maintain the homesite, Respondents are in violation of the Park’s
Revised Rules 12.A and 12.F. (Ibid.) Also, since July 15, 2020, Respondents had failed to
complete the installation of handrails on the stairs of Mobilehome for a period
of more than four months. (Id. at ¶5d.) Failure to complete
installations on Mobilehomes within 60 days is in violation of the Park’s
Revised Rules 8.D. (Ibid.) The lack of handrails is also a violation of
Title 25 of the California Code of Regulations, section 1504(a). (Ibid.)
In addition to these rule violations, Respondent Jorge
Rodriguez, Jr. has made several threating comments and actions towards
declarants in the month before the Petition was filed. (Id. at ¶7;
Anderson Decl., ¶¶3-4.) Petitioner’s counsel issued 7-day Notices to Comply
with Park Rules and Regulations on August 18, 2020, August 28, 2020, and
September 3, 2020. (Pet., Beam Decl., ¶¶2-3 and Exhs. 4-5; K. Espinoza Decl.,
¶10 and Exh. 6.) Despite the Notices to Comply, Respondents continue to be in
violation of Rules. (K. Espinoza Decl., ¶¶6-12.) While the foregoing evidence of Respondents’ violations of
the Park’s reasonable Revised Rules is clear and convincing, the Court cannot
grant the Petition until Petitioner demonstrates proper service of the Petition
and Notice of Hearing. The Petition for
Permanent Injunction Against is CONTINUED TO DECEMBER 10, 2020 AT _____ AM IN
DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO
THE NEW HEARING, PETITIONER IS TO FILE PROOF OF PERSONAL SERVICE OF THE
PETITION AND NOTICE OF CONTINUED HEARING. FAILURE TO COMPLY WITH THE COURT’S
ORDERS MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED. Moving party to give
notice.