This case was last updated from Los Angeles County Superior Courts on 01/07/2020 at 08:14:22 (UTC).

SHELTER ISLE MOBILE ESTATES VS LETICIA RODRIGUEZ

Case Summary

On 09/06/2019 SHELTER ISLE MOBILE ESTATES filed an Other lawsuit against LETICIA RODRIGUEZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk 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:

    *******3899

  • Filing Date:

    09/06/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

SHELTER ISLE MOBILE ESTATES

Respondent

RODRIGUEZ LETICIA

Attorney/Law Firm Details

Petitioner Attorney

TREVILLYAN JONATHAN T

 

Court Documents

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

12/11/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

First Amended Standing Order - First Amended Standing Order

9/6/2019: First Amended Standing Order - First Amended Standing Order

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

9/6/2019: Petition (name extension) - Petition Petition To Declare Mobile home Abandoned

Civil Case Cover Sheet - Civil Case Cover Sheet

9/6/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

9/6/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

9/6/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

 

Docket Entries

  • 03/11/2020
  • Hearing03/11/2020 at 10:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Petition (name extension)

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  • 12/11/2019
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 12/11/2019
  • DocketDue to Clerical Error, Hearing on Petition Petition To Declare Mobile home Abandoned scheduled for 01/10/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Rescheduled by Court was rescheduled to 03/11/2020 10:30 AM

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  • 09/09/2019
  • DocketHearing on Petition Petition To Declare Mobile home Abandoned scheduled for 01/10/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/09/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 09/06/2019
  • DocketPetition Petition To Declare Mobile home Abandoned; Filed by: Shelter Isle Mobile Estates (Petitioner); As to: Leticia Rodriguez (Respondent)

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  • 09/06/2019
  • DocketCivil Case Cover Sheet; Filed by: Shelter Isle Mobile Estates (Petitioner); As to: Leticia Rodriguez (Respondent)

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  • 09/06/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 09/06/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/06/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STCP03899    Hearing Date: March 11, 2020    Dept: 25

PETITION TO DECLARE MOBILEHOME ABANDONED

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner Shelter Isle Mobile Estates’ Petition to Declare Mobilehome Abandoned is CONTINUED TO MAY 28, 2020 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 Petition being placed off calendar or denied.

ANALYSIS:

  1. Background

On September 6, 2019, Petitioner Shelter Isle Mobile Estates (“Petitioner”) filed the instant Petition to Declare Mobilehome Abandoned against Respondent Leticia Rodriguez (“Rodriguez”). Pursuant to Civil Code section 798.61, Petitioner seeks a court order deeming Respondent’s mobilehome, described as a 1969 Buddy, Decal No. AAD5003, located on Space No. 48 (the “Mobilehome”) at 10965 Glenoaks Blvd., Pacoima CA 91331 (the “Park”), to be abandoned, awarding Petitioner rent and other charges due on the Mobilehome site, and granting attorney’s fees and costs. (Pet., pp. 2-3.)

  1. Legal Standard & Discussion

  1. 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.”

Petitioner did not provide any evidence, such as a declaration from an on-site manager or copies of past due rent notices, that demonstrates Respondent’s Mobilehome falls within the definition of an “abandoned mobilehome.” Thus, Petitioner is ordered to submit admissible evidence that demonstrates the Mobilehome is abandoned.

 

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.”

Petitioner attaches a Notice of Belief of Abandonment (“Notice”) dated July 2, 2019. (Pet., Exh 1.) However, Petitioner has not provided any evidence demonstrating the Notice was actually posted on the Mobilehome, or that it was mailed to the last known address of the Mobilehome’s registered owner as required by Civil Code section 798.61, subdivision (b). In addition, Petitioner has not provided a declaration that authenticates the Notice. (See Evid. Code § 1401.)

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

Civil Code section 798.61, subdivision (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.”

Here, Petitioner did not file a proof of service for the Petition. Accordingly, Petitioner is ordered to file a proof of service demonstrating that Respondent was served with the Petition as required by Civil Code section 798.61, subdivision (c)(1).

  1. Conclusion & Order

For the foregoing reasons, Petitioner Shelter Isle Mobile Estates’ Petition to Declare Mobilehome Abandoned is CONTINUED TO MAY 28, 2020 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 Petition being placed off calendar or denied.

Moving party is ordered to give notice.