This case was last updated from Los Angeles County Superior Courts on 01/15/2020 at 08:15:06 (UTC).

SHERWOOD MOBILE HOME PARK VS ELIZABETH CERVANTES, ET AL.

Case Summary

On 09/06/2019 SHERWOOD MOBILE HOME PARK filed an Other lawsuit against ELIZABETH CERVANTES. This case was filed in Los Angeles County Superior Courts, Stanley Mosk 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:

    *******3897

  • 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

SERENA R. MURILLO

 

Party Details

Petitioner

SHERWOOD MOBILE HOME PARK

Respondents

BROWN VANESSA

CERVANTES ELIZABETH

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

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

9/13/2019: Petition (name extension) - Petition First Amended Petition To Declare Mobile Home Abandoned

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 Hearing on Petition - Notice of Hearing on Petition

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

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

 

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

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  • 09/13/2019
  • DocketPetition First Amended Petition To Declare Mobile Home Abandoned; Filed by: Sherwood Mobile Home Park (Petitioner); As to: Elizabeth Cervantes (Respondent); Vanessa Brown (Respondent)

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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. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 09/06/2019
  • DocketFirst Amended Standing Order; 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
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 09/06/2019
  • DocketCivil Case Cover Sheet; Filed by: Sherwood Mobile Home Park (Petitioner); As to: Elizabeth Cervantes (Respondent); Vanessa Brown (Respondent)

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  • 09/06/2019
  • DocketPetition Petition To Declare Mobile Home Abandoned; Filed by: Sherwood Mobile Home Park (Petitioner); As to: Elizabeth Cervantes (Respondent); Vanessa Brown (Respondent)

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Tentative Rulings

Case Number: 19STCP03897    Hearing Date: March 11, 2020    Dept: 26

Sherwood Mobile Home Park v. Cervantes, et al.

PETITION TO DECLARE MOBILEHOME ABANDONED

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner B&D Norton Properties, Inc.’s Petition to Declare Mobile Home Abandoned is CONTINUED TO MAY 13, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PETITIONER IS TO FILE AND SERVE SUPPLEMENTAL PAPERS CORRECTING THE DEFECTS NOTED IN THE COURT’S ORDER. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

ANALYSIS:

On September 6, 2019, Petitioner Sherwood Mobile Home Park (“Petitioner”) filed a Petition to Declare Mobile Home Abandoned against Respondents Elizabeth Cervantes and Vanessa Brown (“Respondents”). On September 13, 2019, Petitioner filed the instant First Amended Petition. Pursuant to Civil Code section 798.61, Petitioner seeks a court order deeming Respondents’ mobile home, (“the Mobile Home”) located on Space #22 at 3753 East Ave I, Lancaster, California (the “Park”), to be abandoned, awarding Petitioner rent and other charges due on the Mobile Home site, and granting attorney’s fees and costs. (Pet., Prayer, ¶¶1-6.)

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).) Regarding the above requirements, Petitioner has only submitted exhibits regarding the Notice of Belief of Abandonment. (Pet., p. 4.) No admissible evidence is submitted in support of the allegation in the Petition that no rent has been paid for the space for the 60 preceding days or the allegation that a reasonable person would believe the Mobile Home to be abandoned. (Pet., ¶5.) Therefore, Petitioner has not demonstrated through admissible evidence 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).) Petitioner attaches a Notice of the Belief of Abandonment to the Petition, but does not demonstrate that it was served or in what manner. (Pet., p. 4.) Therefore, Petitioner has not 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 the City of Lancaster is located in the County of Los Angeles, which is within this Court’s jurisdiction. However, it cannot be determined if the Petition was filed more than 30 days after the Notice of Belief of Abandonment was posted (assuming it was posted). Furthermore, no proof of service has been filed demonstrating that the Petition and Notice of Hearing were also served upon Respondents as required by Civil Code, section 798.61, subdivision (c)(1). Specifically, the Petition and Notice of Hearing must “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.” (Civ. Code, § 798.61, subd. (c)(1).) Therefore, Petitioner has not satisfied the requirements of this section.

Conclusion

Based on the foregoing, the Petition to Declare Mobile Home Abandoned is CONTINUED TO MAY 13, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PETITIONER IS TO FILE AND SERVE SUPPLEMENTAL PAPERS CORRECTING THE DEFECTS NOTED IN THE COURT’S ORDER. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

Moving party to give notice.