This case was last updated from Los Angeles County Superior Courts on 10/19/2020 at 10:39:45 (UTC).

SHELTER ISLE MOBILE ESTATES VS CAROLE E MEYERS

Case Summary

On 02/06/2020 SHELTER ISLE MOBILE ESTATES filed an Other lawsuit against CAROLE E MEYERS. 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:

    *******0508

  • Filing Date:

    02/06/2020

  • 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

SHELTER ISLE MOBILE ESTATES

Respondent

MEYERS CAROLE E

Attorney/Law Firm Details

Petitioner Attorney

TREVILLYAN JONATHAN T

 

Court Documents

Notice of Lodging (name extension) - Notice of Lodging Inventory

9/15/2020: Notice of Lodging (name extension) - Notice of Lodging Inventory

Notice of Lodging (name extension) - Notice of Lodging Accounting

9/15/2020: Notice of Lodging (name extension) - Notice of Lodging Accounting

Notice (name extension) - Notice Of Ruling And OSC

9/16/2020: Notice (name extension) - Notice Of Ruling And OSC

Minute Order - Minute Order (Hearing on Petition Petition To Declare Mobile Home Abandoned)

8/4/2020: Minute Order - Minute Order (Hearing on Petition Petition To Declare Mobile Home Abandoned)

Judgment - Judgment For Abandonment

8/4/2020: Judgment - Judgment For Abandonment

Declaration (name extension) - Declaration Of Elvia Solis In Support Of Petition To Declare Mobilehome Abandoned In Support Of Default Judgment

4/21/2020: Declaration (name extension) - Declaration Of Elvia Solis In Support Of Petition To Declare Mobilehome Abandoned In Support Of Default Judgment

Proof of Service by Posting - Proof of Service by Posting

4/21/2020: Proof of Service by Posting - Proof of Service by Posting

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

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

4/21/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

4/21/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Dismissal - Request for Dismissal

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

Notice (name extension) - Notice Of Continuance

6/4/2020: Notice (name extension) - Notice Of Continuance

Notice of Hearing on Petition - Notice of Hearing on Petition

2/6/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

Petition (name extension) - Petition Petition To Declare Mobile Home Abandoned

2/6/2020: Petition (name extension) - Petition Petition To Declare Mobile Home Abandoned

Civil Case Cover Sheet - Civil Case Cover Sheet

2/6/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

2/6/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

2/6/2020: First Amended Standing Order - First Amended Standing Order

5 More Documents Available

 

Docket Entries

  • 11/03/2020
  • Hearing11/03/2020 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 09/16/2020
  • DocketNotice Of Ruling And OSC; Filed by: Shelter Isle Mobile Estates (Petitioner); As to: Carole E Meyers (Respondent)

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  • 09/15/2020
  • DocketNotice of Lodging Inventory; Filed by: Shelter Isle Mobile Estates (Petitioner)

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  • 09/15/2020
  • DocketNotice of Lodging Accounting; Filed by: Shelter Isle Mobile Estates (Petitioner)

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  • 08/04/2020
  • DocketOrder to Show Cause Re: SALE / DISPOSAL OF MOBILE HOME AND SUBMISSION OF ACCOUNTING PURSUANT TO CIVIL CODE SECTION 798.61 scheduled for 11/03/2020 at 10:30 AM in Spring Street Courthouse at Department 26

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  • 08/04/2020
  • DocketJudgment For Abandonment; Filed by: Shelter Isle Mobile Estates (Petitioner); As to: Carole E Meyers (Respondent)

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  • 08/04/2020
  • DocketUpdated -- Judgment For Abandonment: Status changed from Filed to Signed and Filed

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  • 08/04/2020
  • DocketMinute Order (Hearing on Petition Petition To Declare Mobile Home Abandoned)

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  • 08/04/2020
  • DocketHearing on Petition Petition To Declare Mobile Home Abandoned scheduled for 08/04/2020 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/04/2020; Result Type to Held - Motion Granted

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  • 08/04/2020
  • DocketUpdated -- Petition Petition To Declare Mobile Home Abandoned: Filed By: Shelter Isle Mobile Estates (Petitioner); Result: Granted; Result Date: 08/04/2020

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6 More Docket Entries
  • 04/21/2020
  • DocketProof of Service by Posting; Filed by: Shelter Isle Mobile Estates (Petitioner); As to: Carole E Meyers (Respondent); Mailing Date: 02/10/2020; Service Cost: 75.00; Service Cost Waived: No

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  • 04/21/2020
  • DocketDefault entered as to Carole E Meyers; On the Petition filed by Shelter Isle Mobile Estates on 02/06/2020

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  • 04/20/2020
  • DocketReset - Court Unavailable, Hearing on Petition Petition To Declare Mobile Home Abandoned scheduled for 06/11/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 08/04/2020 09:30 AM

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  • 02/06/2020
  • DocketHearing on Petition Petition To Declare Mobile Home Abandoned scheduled for 06/11/2020 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 02/06/2020
  • DocketPetition Petition To Declare Mobile Home Abandoned; Filed by: Shelter Isle Mobile Estates (Petitioner); As to: Carole E Meyers (Respondent)

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  • 02/06/2020
  • DocketCivil Case Cover Sheet; Filed by: Shelter Isle Mobile Estates (Petitioner); As to: Carole E Meyers (Respondent)

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  • 02/06/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 02/06/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/06/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 02/06/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP00508    Hearing Date: August 04, 2020    Dept: 26

Shelter Isle Mobile Estates v. Meyers, et al.

PETITION TO DECLARE MOBILE HOME ABANDONED

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner Shelter Isle Mobile EstatesPetition to Declare Mobile Home Abandoned is GRANTED.

ORDER TO SHOW CAUSE RE: SALE / DISPOSAL OF MOBILE HOME AND SUBMISSION OF ACCOUNTING PURSUANT TO CIVIL CODE SECTION 798.61 SET FOR NOVEMBER 3, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On February 6, 2020, Petitioner Shelter Isle Mobile Estates (“Petitioner”) filed the instant Petition to Declare Mobile Home Abandoned against Respondent Carol E. Meyes (“Respondent”). Pursuant to Civil Code section 798.61, Petitioner seeks a court order deeming Respondent’s mobile home, (“the Mobile Home”) located on Space #101 at 10965 Glenoaks Blvd., Pacoima, California (the “Park”), to be abandoned, awarding Petitioner rent, storage costs, and other applicable charges due on the Mobile Home site, and granting attorney’s fees and costs. (Pet., p. 3:4-15.)

To date, no opposition has been filed.

Discussion

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).) In a declaration by its on-site manager, Elvia Solis, Petitioner shows that Respondent is the registered owner of the subject Mobile Home. (Pet., Solis Decl., ¶¶3-5 and Exh. 2.) Solis further declares that the Mobile Home is abandoned and has been abandoned since January 30, 2020, when the Notice of Abandonment was posted. (Id. at ¶6 and Exh. 1.) Rent has not been paid on the Mobile Home space since July 2019 and since the posting of the Notice of Abandonment, no one has come forward to claim an interest in the mobile home or to indicate that the mobile home is not abandoned. (Id. at ¶¶6-7.) Following service and posting of the instant Petition, no one has come forward to claim an interest in the mobile home or to indicate that the mobile home is not abandoned. (Id. at ¶7 and Exh. 2.)

Based on the foregoing evidence, Petitioner has demonstrated 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).) As noted above, the Notice of Belief of Abandonment was served by posting on the Mobile Home on January 3, 2020. The Notice was also served by certified mail. (Proof of Service of Notice of Belief of Abandonment, filed 4/21/20.) Therefore, the Court finds that 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 Pacoima is located in the County of Los Angeles, which is within this Court’s jurisdiction. The Petition was filed 30 days after the Notice of Belief of Abandonment was posted. Additionally, the supporting declaration demonstrates that the Petition and Notice of Hearing were served upon Respondent by posting and certified mail/return receipt requested, as required by Civil Code, section 798.61, subdivision (c)(1). (Proof of Service, filed 4/21/20.) Therefore, Petitioner has satisfied the requirements of this section.

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 demonstrated that it is entitled to storage fees from August 1, 2019 in the amount of $568.96 per month, for a total of $5,120.40 through April 1, 2020. (Pet., Solis Decl., ¶9.) No evidence is presented with respect to attorney’s fees or costs.

Conclusion

Based on the foregoing, the Petition to Declare Mobile Home Abandoned is GRANTED.

ORDER TO SHOW CAUSE RE: SALE / DISPOSAL OF MOBILE HOME AND SUBMISSION OF ACCOUNTING PURSUANT TO CIVIL CODE SECTION 798.61 SET FOR NOVEMBER 3, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.