This case was last updated from Los Angeles County Superior Courts on 07/09/2020 at 19:35:40 (UTC).

SHELTER ISLE MOBILE ESTATES VS SHIRLEY RAE LE GARDE

Case Summary

On 12/23/2019 SHELTER ISLE MOBILE ESTATES filed an Other lawsuit against SHIRLEY RAE LE GARDE. 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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5621

  • Filing Date:

    12/23/2019

  • Case Status:

    Pending - Other Pending

  • 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

GARDE SHIRLEY RAE LE

Attorney/Law Firm Details

Petitioner Attorney

TREVILLYAN JONATHAN T

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Petition To Declare Mobile Home Abandoned) of 07/06/2020

7/6/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Petition To Declare Mobile Home Abandoned) of 07/06/2020

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

7/6/2020: Minute Order - Minute Order (Hearing on Petition Petition To Declare Mobile Home Abandoned)

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

4/23/2020: Declaration (name extension) - Declaration Declaration Of Elvia Solis In Support Of Petition To Declare Mobilehome Abandoned In Support Of Default Judgment

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

4/23/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Dismissal - Request for Dismissal

4/23/2020: Request for Dismissal - Request for Dismissal

Proof of Service by Posting - Proof of Service by Posting

4/23/2020: Proof of Service by Posting - Proof of Service by Posting

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

4/23/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

4/15/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice Of Continuance of Hearing

4/21/2020: Notice (name extension) - Notice Of Continuance of Hearing

First Amended Standing Order - First Amended Standing Order

12/23/2019: First Amended Standing Order - First Amended Standing Order

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

12/23/2019: Petition (name extension) - Petition Petition To Declare Mobile Home Abandoned

Civil Case Cover Sheet - Civil Case Cover Sheet

12/23/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

12/23/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

12/23/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

2 More Documents Available

 

Docket Entries

  • 12/03/2020
  • Hearing12/03/2020 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 07/06/2020
  • DocketOrder to Show Cause Re: SALE / DISPOSAL OF MOBILEHOME AND SUBMISSION OF ACCOUNTING PURSUANT TO CIVIL CODE SECTION 798.61 scheduled for 12/03/2020 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 07/06/2020
  • DocketMinute Order (Hearing on Petition Petition To Declare Mobile Home Abandoned)

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  • 07/06/2020
  • DocketCertificate of Mailing for (Hearing on Petition Petition To Declare Mobile Home Abandoned) of 07/06/2020; Filed by: Clerk

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  • 07/06/2020
  • DocketHearing on Petition Petition To Declare Mobile Home Abandoned scheduled for 07/06/2020 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 07/06/2020; Result Type to Held

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  • 04/23/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Shelter Isle Mobile Estates (Petitioner); As to: Shirley Rae Le Garde (Respondent)

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  • 04/23/2020
  • DocketProof of Service (not Summons and Complaint); Filed by: Shelter Isle Mobile Estates (Petitioner); As to: Shirley Rae Le Garde (Respondent)

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  • 04/23/2020
  • DocketDeclaration Declaration Of Elvia Solis In Support Of Petition To Declare Mobilehome Abandoned In Support Of Default Judgment; Filed by: Shelter Isle Mobile Estates (Petitioner)

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  • 04/23/2020
  • DocketRequest for Dismissal; Filed by: Shelter Isle Mobile Estates (Petitioner)

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  • 04/23/2020
  • DocketProof of Service by Posting; Filed by: Shelter Isle Mobile Estates (Petitioner); As to: Shirley Rae Le Garde (Respondent); Mailing Date: 01/03/2020; Service Cost: 75.00; Service Cost Waived: No

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3 More Docket Entries
  • 04/21/2020
  • DocketNotice Of Continuance of Hearing; Filed by: Shelter Isle Mobile Estates (Petitioner); As to: Shirley Rae Le Garde (Respondent)

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  • 04/15/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/15/2020
  • DocketReset - Court Unavailable, Hearing on Petition Petition To Declare Mobile Home Abandoned scheduled for 04/27/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 07/06/2020 09:30 AM

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  • 12/24/2019
  • DocketHearing on Petition Petition To Declare Mobile Home Abandoned scheduled for 04/27/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/24/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 12/23/2019
  • DocketPetition Petition To Declare Mobile Home Abandoned; Filed by: Shelter Isle Mobile Estates (Petitioner); As to: Shirley Rae Le Garde (Respondent)

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  • 12/23/2019
  • DocketCivil Case Cover Sheet; Filed by: Shelter Isle Mobile Estates (Petitioner); As to: Shirley Rae Le Garde (Respondent)

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  • 12/23/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 12/23/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/23/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STCP05621    Hearing Date: July 06, 2020    Dept: 26

Shelter Isle Mobile Estates v. Le Garde, et al.

PETITION TO DECLARE MOBILEHOME 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 MOBILEHOME AND SUBMISSION OF ACCOUNTING PURSUANT TO CIVIL CODE SECTION 798.61 SET FOR SEPTEMBER 28, 2020 AT _10:30_____ AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On December 23, 2019, Petitioner Shelter Isle Mobile Estates (“Petitioner”) filed the instant Petition to Declare Mobile Home Abandoned against Respondent Shirley Rae Le Garde (“Respondent”). Pursuant to Civil Code section 798.61, Petitioner seeks a court order deeming Respondent’s mobile home, (“the Mobile Home”) located on Space #505 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., ¶5 and Exh. 2.) Solis further declares that rent has not been paid on the Mobile Home space for the past 60 days and that it is unoccupied. (Id. at ¶¶6-7.) Following the posting of the Notice of Abandonment on October 21, 2019, 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 and Exh. 1.) 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.) Finally, the Petition and Notice of Hearing were served on Respondent by posting and certified mail on January 3, 2020 without response. (Proof of Service, filed 4/23/20.)

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 Petition and Notice of Hearing were served on Respondent by posting and certified mail on January 3, 2020 without response. (Proof of Service, filed 4/23/20.) 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 more than 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). 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 May 1, 2019 in the amount of $493.70 per month, for a total of $5,924.40. (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 MOBILEHOME AND SUBMISSION OF ACCOUNTING PURSUANT TO CIVIL CODE SECTION 798.61 SET FOR SEPTEMBER 28, 2020 AT _10:30_______ AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.