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 Dockets

 

Case Details

  • Case Number:

    *******3899

  • Filing Date:

    09/06/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • 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

Court documents are not available for this case.

 

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: January 28, 2021    Dept: 25

HEARING DATE: Thu., January 28, 2021 JUDGE/DEPT: Blancarte/25

CASE NAME: Shelter Isle Mobile Estates v. Rodriguez PET. FILED: 09-06-19

CASE NUMBER: 19STCP03899

NOTICE: OK

PROCEEDINGS: PETITION TO DECLARE MOBILEHOME ABANDONED

MOVING PARTY: Petitioner Shelter Isle Mobile Estates

RESP. PARTY: None

PETITION TO DECLARE MOBILEHOME ABANDONED

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner Shelter Isle Mobile Estates’ Petition to Declare Mobilehome Abandoned is GRANTED. Judgment to be entered in the amount of $10,003.30, based on $977.80 per month from April 2019 through January 2020 plus costs of $225.00.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of January 26, 2021 [ ] Late [X] None

REPLY: None filed as of January 26, 2021 [ ] Late [X] None

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.)

At the initial hearing on March 11, 2020, the Court noted the Petition was incomplete and that it did not include a proof of service demonstrating the Petition was served on Respondent. (3/11/20 Minute Order.) Notably, Petitioner filed supplemental papers on March 6, 2020, which were not considered at the initial hearing because they were filed only three court days before. Petitioner refiled these supplemental papers on June 29, 2020.

At the continued December 7, 2020 hearing, the Court found Petitioner had demonstrated the Mobilehome was abandoned within the meaning of Civil Code section 798.61, subdivision (a)(1), had satisfied notice of belief of abandonment requirements of Civil Code section 798.61, subdivision (b), and satisfied the Petition and service requirements of Civil Code section 798.61, subdivision (c). (12/7/20 Minute Order.) However, the Court continued the hearing because Petitioner’s proofs of service did not demonstrate Respondent was served with all supplemental papers and because Petitioner had not provided sufficient evidence for the charges and attorney’s fees sought. (Id.) Petitioner filed supplemental papers and proofs of service on December 28, 2020. No opposition was filed.

  1. Legal Standard & Discussion

A. Charges, Attorney’s Fees, and Costs

Civil Code section 798.61, subdivision (d)(2) states:

“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.”

Petitioner seeks monthly storage charges of $9,778.30, based on a storage rate of $977.83 per month beginning from April 1, 2019 to January 31, 2020. (Pet., p. 2 ¶ 6, p. 3, ¶ 6; 3/6/20 & 6/29/20 Solis Decls., ¶¶ 9; 12/28/20 Solis Decl., ¶¶ 9-10, Exh. 5.) Petitioner submits a copy of Respondent’s statement showing a monthly rent amount of $977.83. (Id.) Thus, Petitioner has demonstrated it is entitled to monthly rent charges of $977.83. Petitioner also seeks $225.00 in costs incurred in filing this Petition. As for attorney’s fees, Petitioner has chosen to forego them as “collection is virtually impossible.” (12/8/20 Trevillyan Decl., ¶ 7.) Accordingly, the Court awards no attorney’s fees.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Shelter Isle Mobile Estates’ Petition to Declare Mobilehome Abandoned is GRANTED. Judgment to be entered in the amount of $10,003.30, based on $977.80 per month from April 2019 through January 2020 plus costs of $225.00.

Moving party is ordered to give notice.

Case Number: 19STCP03899    Hearing Date: December 07, 2020    Dept: 25

HEARING DATE: Mon., December 7, 2020 JUDGE/DEPT: Blancarte/25

CASE NAME: Shelter Isle Mobile Estates v. Rodriguez PET. FILED: 09-06-19

CASE NUMBER: 19STCP03899

NOTICE: OK

PROCEEDINGS: PETITION TO DECLARE MOBILEHOME ABANDONED

MOVING PARTY: Petitioner Shelter Isle Mobile Estates

RESP. PARTY: None

PETITION TO DECLARE MOBILEHOME ABANDONED

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner Shelter Isle Mobile Estates’ Petition to Declare Mobilehome Abandoned is CONTINUED TO JAN 28, 2021 at 11:00 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.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of December 3, 2020 [ ] Late [X] None

REPLY: None filed as of December 3, 2020 [ ] Late [X] None

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.)

At the initial hearing on March 11, 2020, the Court noted the Petition was incomplete and that it did not include a proof of service demonstrating the Petition was served on Respondent.

Notably, Petitioner filed supplemental papers on March 6, 2020, which were not considered at the initial hearing because they were filed only three court days before. Petitioner refiled these supplemental papers on June 29, 2020.

To date, Respondent has not filed an opposition.

  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.”

Regarding the above requirements, Petitioner submits the declaration of Elvia Solis (“Solis”), the property manager for the Park. (3/6/20 & 6/29/20 Solis Decls., ¶¶ 3.) Therein, she states that no rent has been paid to Petitioner since March 2019 and that the Mobilehome has been unoccupied since at least July 2019. (Id. at ¶¶ 6-7.) Solis also states that after the 30-day Notice of Belief of Abandonment was posted on the Mobilehome and mailed to Respondent on July 2, 2019, no one contacted Solis or Petitioner to claim an interest in the Mobilehome. (Id. at ¶¶ 7-8.) Solis further states that the Mobilehome is not permanently affixed to the land. (Id.)

Based on the foregoing, Petitioner demonstrated the Mobilehome 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.”

Petitioner submits a copy of the Notice of Belief of Abandonment that was posted on the Mobilehome and mailed to Respondent via certified mail, return receipt requested, on July 2, 2019. (3/6/20 & 6/29/20 Solis Decls., ¶¶ 7, Exhs. 1; 3/6/20 & 6/29/20 Trevillyan Decls. re POS, ¶¶ 2, Exhs. 3.) Respondent is the only registered owner of the Mobilehome. (3/6/20 & 6/29/20 Solis Decls., ¶¶ 5, Exhs. 2.) Thus, Petitioner has satisfied the requirements of Civil Code section 798.61, subdivision (b).

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.”

Petitioner filed a proof of service on March 6, 2020 and again on June 29, 2020 demonstrating the Petition was served on Respondent via certified mail, return receipt requested, on September 20, 2019 and by posting a copy of the Petition on the Mobilehome on October 13, 2019. Thus, the service requirements of Civil Code section 798.61, subdivision (c)(1), are satisfied.

D. Charges, Attorney’s Fees, and Costs

Civil Code section 798.61, subdivision (d)(2) states:

“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.”

Petitioner seeks monthly storage charges of $977.83 per month beginning from April 1, 2019 as well as attorney’s fees. (Pet., p. 2 ¶ 6, p. 3, ¶ 6; 3/6/20 & 6/29/20 Solis Decls., ¶¶ 9.) However, Petitioner has not provided any documentary evidence or basis for this monthly rate. Nor is any evidence submitted regarding the amount of attorney’s fees sought. Thus, Petitioner is ordered to file and serve a supplemental declaration and documentary evidence providing this information.

E. Service of the Supplemental Papers

Finally, the Court notes that Petitioner did not serve Respondent with a copy of the supplemental papers filed on March 6, 2020 and June 29, 2020, specifically, the declarations of Solis and the declaration of Petitioner’s counsel, Jonathan Trevillyan, regarding the Notice of Belief of Abandonment. Thus, the Court cannot find that Respondent was given an opportunity to respond to these supplemental papers. Petitioner is ordered to file proofs of service for these documents demonstrating they were properly served.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Shelter Isle Mobile Estates’ Petition to Declare Mobilehome Abandoned is CONTINUED TO JAN 28, 2021 at 11:00 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.

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.

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