This case was last updated from Los Angeles County Superior Courts on 12/18/2020 at 03:47:46 (UTC).

SIERRA MHP ASSOCIATES, LP VS KATHRYN DE MUNIZ, ET AL.

Case Summary

On 04/10/2019 SIERRA MHP ASSOCIATES, LP filed an Other lawsuit against KATHRYN DE MUNIZ. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1156

  • Filing Date:

    04/10/2019

  • Case Status:

    Other

  • Case Type:

    Other

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

SIERRA MHP ASSOCIATES LP DBA SIERRA MHP

Respondents

DE MUNIZ KATHRYN

DE MUNIZ ESTATE OF KATHRYN

10 INCLUSIVE DOES 1 TO

Attorney/Law Firm Details

Petitioner Attorney

WILLIAMSON AIRENE

 

Court Documents

Proof of Service by Mail - Proof of Service by Mail

10/2/2020: Proof of Service by Mail - Proof of Service by Mail

Notice (name extension) - Notice of Continuance of Hearing on Petition for Judicial Declaration of Abandonment

9/28/2020: Notice (name extension) - Notice of Continuance of Hearing on Petition for Judicial Declaration of Abandonment

Proof of Service by Posting - Proof of Service by Posting

7/24/2020: Proof of Service by Posting - Proof of Service by Posting

Declaration (name extension) - Declaration Of Amalia Uribe in Support of Plaintiff's Application and Order for Publication

6/19/2020: Declaration (name extension) - Declaration Of Amalia Uribe in Support of Plaintiff's Application and Order for Publication

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

6/4/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Petition (name extension) - Petition AMENDED PETITION FOR A JUDICIAL DECLARATION OF ABANDONMENT OF THE MOBILE HOME.

6/15/2020: Petition (name extension) - Petition AMENDED PETITION FOR A JUDICIAL DECLARATION OF ABANDONMENT OF THE MOBILE HOME.

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

3/11/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Declaration (name extension) - Declaration Declaration of Amalia uribe in Support of Plaintiff's Application and order for Publication

12/19/2019: Declaration (name extension) - Declaration Declaration of Amalia uribe in Support of Plaintiff's Application and order for Publication

Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing for Publication re: Kathryn

12/2/2019: Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing for Publication re: Kathryn

Minute Order - Minute Order (Hearing on Petition Petition for Judicial Declaration of Aban...)

12/4/2019: Minute Order - Minute Order (Hearing on Petition Petition for Judicial Declaration of Aban...)

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

7/29/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Summons - Summons on Petition

4/10/2019: Summons - Summons on Petition

Petition (name extension) - Petition Petition for Judicial Declaration of Abandonment of the Mobilehome

4/10/2019: Petition (name extension) - Petition Petition for Judicial Declaration of Abandonment of the Mobilehome

43 More Documents Available

 

Docket Entries

  • 12/16/2020
  • DocketHearing on Petition Petition for Judicial Declaration of Abandonment of the Mobilehome scheduled for 01/11/2021 at 11:00 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 12/16/2020

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  • 12/15/2020
  • DocketOn the Petition filed by Sierra MHP Associates, LP on 04/10/2019, entered Request for Dismissal without prejudice filed by Sierra MHP Associates, LP as to the entire action

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  • 12/01/2020
  • DocketMinute Order (Hearing on Petition Petition for Judicial Declaration of Aban...)

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  • 12/01/2020
  • DocketOn the Court's own motion, Hearing on Petition Petition for Judicial Declaration of Abandonment of the Mobilehome scheduled for 12/01/2020 at 11:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 01/11/2021 11:00 AM

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  • 11/02/2020
  • DocketNotice of Continuance of Hearing on Petition for Judicial Declaration of Abandonment; Filed by: Sierra MHP Associates, LP (Petitioner); As to: Kathryn De Muniz (Respondent); Estate of Kathryn De Muniz (Respondent); Does 1 to 10 Inclusive (Respondent)

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  • 10/29/2020
  • DocketOn the Petition filed by Sierra MHP Associates, LP on 04/10/2019, entered Request for Dismissal without prejudice filed by Sierra MHP Associates, LP as to Estate of Kathryn De Muniz

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  • 10/29/2020
  • DocketMinute Order (Hearing on Petition Petition for Judicial Declaration of Aban...)

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  • 10/29/2020
  • DocketOn the Court's own motion, Hearing on Petition Petition for Judicial Declaration of Abandonment of the Mobilehome scheduled for 10/29/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 12/01/2020 11:00 AM

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  • 10/29/2020
  • DocketAddress for Airene Williamson (Attorney) null

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  • 10/19/2020
  • DocketDeclaration of Airene Williamson, Esq., in support of: (1) Petitioner's Request for Default; (2) First Amended Petition for Judicial Declaration of Abandonment; and (3) Proofs of Service of First Amended Petition and Notice of Continuance of Hearing; Filed by: Sierra MHP Associates, LP (Petitioner)

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67 More Docket Entries
  • 05/28/2019
  • DocketUpdated -- Application Order to Serve Summons by Posting for Unlawful Detainer: Status Date changed from 04/19/2019 to 05/28/2019; Result Date: 05/28/2019; Name Extension changed from Application and Order to Serve Summons by Posting for Unlawful Detainer to Order to Serve Summons by Posting for Unlawful Detainer; As To Parties changed from Estate of Kathryn De Muniz (Respondent) to Does 1 to 10 Inclusive (Respondent), Kathryn De Muniz (Respondent), Estate of Kathryn De Muniz (Respondent); Status changed from Filed to Signed and Filed

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  • 04/19/2019
  • DocketApplication Application and Order to Serve Summons by Posting for Unlawful Detainer; Filed by: Sierra MHP Associates, LP (Petitioner); Kathryn De Muniz (Respondent); As to: Estate of Kathryn De Muniz (Respondent)

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  • 04/11/2019
  • DocketHearing on Petition Petition for Judicial Declaration of Abandonment of the Mobilehome scheduled for 08/14/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/11/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 04/10/2019
  • DocketPetition Petition for Judicial Declaration of Abandonment of the Mobilehome; Filed by: Sierra MHP Associates, LP (Petitioner); As to: Kathryn De Muniz (Respondent); Estate of Kathryn De Muniz (Respondent); Does 1 to 10 Inclusive (Respondent)

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  • 04/10/2019
  • DocketCivil Case Cover Sheet; Filed by: Sierra MHP Associates, LP (Petitioner); As to: Kathryn De Muniz (Respondent); Estate of Kathryn De Muniz (Respondent); Does 1 to 10 Inclusive (Respondent)

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  • 04/10/2019
  • DocketSummons on Petition; Issued and Filed by: Sierra MHP Associates, LP (Petitioner); As to: Kathryn De Muniz (Respondent); Estate of Kathryn De Muniz (Respondent); Does 1 to 10 Inclusive (Respondent)

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  • 04/10/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 04/10/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/10/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STCP01156    Hearing Date: December 01, 2020    Dept: 25

HEARING DATE: Tue., December 1, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Sierra MHP Associates, LP dba Sierra MHP v. De Muniz, et al.

CASE NUMBER: 19STCP01156 PET FILED: 04-10-19

NOTICE: OK

PROCEEDINGS: PETITION FOR A JUDICIAL DECLARATION OF ABANDONMENT OF MOBILEHOME

MOVING PARTY: Petitioner Sierra MHP Associates, LP dba Sierra MHP

RESP. PARTY: None

PETITION TO DECLARE MOBILEHOME ABANDONED

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner Sierra MHP Associates, LP dba Sierra MHP’s Petition for a Judicial Declaration of Abandonment of Mobilehome is CONTINUED one final time to JAN 11, 2020 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 supplemental papers addressing the deficiencies noted herein. Failure to do so will result in the Petition being 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 November 25, 2020 [ ] Late [X] None

REPLY: None filed as of November 25, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On April 10, 2019, Petitioner Sierra MHP Associates, LP dba Sierra MHP (“Petitioner”) filed the instant Petition for Judicial Declaration of Abandonment of Mobilehome (the “Petition”) against Respondents Kathryn De Muniz (“De Muniz”), who is believed to be deceased, and the Estate of Kathryn De Muniz (the “Estate”). Petitioner seeks a court order declaring Respondent De Muniz’s, mobilehome, vehicle identification no. 9A1105651, license plate no. CY4369 (the “Mobilehome”), located on space number 1 at 18204 Soledad Canyon Rd., Santa Clarita, CA 91387 (the “Soledad Canyon Address”), to be abandoned as well as an award of past-due rent, utilities, and attorney’s fees and costs. (Amended Pet., ¶¶ 1-2; Simmons Decl., ¶¶ 2, Exh. 1; 10/19/20 Williamson Decl., ¶ 16.) An Amended Petition was filed on June 15, 2020. (7/15/20.)

At the initial August 25, 2020 hearing, the Court noted several deficiencies in the Petition and ordered Petitioner to file and serve supplemental papers correcting them. (8/25/20 Minute Order.) Petitioner filed additional proofs of service on September 18 and October 2, 2020 and supplemental papers on October 19, 2020.

Counsel for Petitioner was present at the October 29, 2020 continued hearing and submitted to the Court’s ruling. (10/29/20 Minute Order.) The Court noted that registered owners Robert Brock (“Brock”) and John Hunsaker (“Hunsaker”) were improperly served with the Notice of Belief of Abandonment and with this Petition at an incorrect address, that the notice of continued hearing for Respondent Muniz was incorrectly addressed, that Petitioner had not served the executor, administrator, or trustee of Respondent Estate, and that Petitioner’s counsel’s declaration did not contain sufficient detail to permit the Court to evaluate the reasonableness of the request for attorney’s fees. (Id.) The Court warned Petitioner that failure to file supplemental papers addressing the noted errors could result in the Petition being placed off calendar or denied. (Id.)

That same day, Petitioner dismissed Respondent Estate. Finally, on November 2, 2020, Petitioner filed a proof of service and notice of continued hearing.

No opposition has been filed.

  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.”

The Court previously found this requirement had been satisfied. (10/29/20 Minute Order.)

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.”

The Court previously found the Notice of Belief of Abandonment had been posted on the Mobilehome and thereafter mailed via certified mail to Respondent Muniz. (10/29/20 Minute Order.) As to registered owners Brock and Hunsaker, the Court previously noted the Notice of Belief of Abandonment was incorrectly served at 237 S. Beverly Glen Blvd., Los Angeles, CA 90024, instead of 1237 S. Beverly Glen. (Id.) Petitioner did not submit a proof of service demonstrating Brock and Hunsaker were thereafter properly served with the Notice of Belief of Abandonment. Thus, Section 798.61, subdivision (b), has not been satisfied. Petitioner is ordered to file a proof of service demonstrating this requirement has been met.

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.”

The Amended Petition was posted on the Mobilehome on July 2, 2020 and was thereafter mailed via certified mail to Respondent De Muniz. (9/28/20 Proof of Service.) Respondent De Muniz and registered owners Brock and Hunsaker were thereafter served with the Amended Petition via certified mail with a return receipt requested on November 2, 2020. (11/2/20 Proof of Service.) Thus, section 798.61 has been satisfied.

D. 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.”

The Court previously noted that Petitioner did not submit a declaration from its attorney detailing her hourly rate, breakdown of hours expended, and costs incurred in the action to support its request for attorney’s fees of $2,500.00. (10/29/20 Minute Order.) To date, no declaration was filed. Should Petitioner fail to file the requested declaration before the next hearing date, its request for attorney’s fees will be denied.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Sierra MHP Associates, LP dba Sierra MHP’s Petition for a Judicial Declaration of Abandonment of Mobilehome is CONTINUED one final time to JAN 11, 2020 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 supplemental papers addressing the deficiencies noted herein. Failure to do so will result in the Petition being denied.

Moving party is ordered to give notice.

Case Number: 19STCP01156    Hearing Date: October 29, 2020    Dept: 25

HEARING DATE: Thu., October 29, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Sierra MHP Associates, LP dba Sierra MHP v. De Muniz, et al.

CASE NUMBER: 19STCP01156 PET FILED: 04-10-19

NOTICE: NO (incorrect addresses)

PROCEEDINGS: PETITION FOR A JUDICIAL DECLARATION OF ABANDONMENT OF MOBILEHOME

MOVING PARTY: Petitioner Sierra MHP Associates, LP dba Sierra MHP

RESP. PARTY: None

PETITION TO DECLARE MOBILEHOME ABANDONED

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner Sierra MHP Associates, LP dba Sierra MHP’s Petition for a Judicial Declaration of Abandonment of Mobilehome is CONTINUED TO DEC 1, 2020 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 errors noted herein. Failure to do so will result in the Petition being placed off calendar or denied.

SERVICE:

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

[ ] Correct Address (CCP §§ 1013, 1013a) NO

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

OPPOSITION: None filed as of October 27, 2020 [ ] Late [X] None

REPLY: None filed as of October 27, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On April 10, 2019, Petitioner Sierra MHP Associates, LP dba Sierra MHP (“Petitioner”) filed the instant Petition for Judicial Declaration of Abandonment of Mobilehome (the “Petition”) against Respondents Kathryn De Muniz (“De Muniz”), who is believed to be deceased, and the Estate of Kathryn De Muniz (the “Estate”). Petitioner seeks a court order declaring Respondent De Muniz’s, mobilehome, vehicle identification no. 9A1105651, license plate no. CY4369 (the “Mobilehome”), located on space number 1 at 18204 Soledad Canyon Rd., Santa Clarita, CA 91387 (the “Soledad Canyon Address”), to be abandoned as well as an award of past-due rent, utilities, and attorney’s fees and costs. (Amended Pet., ¶¶ 1-2; Simmons Decl., ¶¶ 2, Exh. 1; 10/19/20 Williamson Decl., ¶ 16.)

An Amended Petition was filed on June 15, 2020. Petitioner filed a proof of service for the Amended Petition showing that “All Unknown Occupants” were served on July 24, 2020, pursuant to Code of Civil Procedure section 415.45 by posting a copy of the Amended Petition in a conspicuous place and thereafter mailing the documents via certified mail to the Soledad Canyon Address. (7/15/20.)

At the initial August 25, 2020 hearing, the Court noted several deficiencies in the Petition and ordered Petitioner to file and serve supplemental papers correcting them. (8/25/20 Minute Order.) Petitioner filed additional proofs of service on September 18 and October 2, 2020 and supplemental papers on October 19, 2020.

To date, no opposition has been filed.

  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 Lana Simmons (“Simmons”), the regional property manager for Petitioner. Therein, she states that the Mobilehome is unoccupied and demonstrates that no rent has been paid since May 1, 2017. (Amended Pet., Simmons Decl., ¶¶ 6, 7, Exh. 5.) Because Respondent De Muniz is believed to be deceased, Simmons mailed a letter regarding the rights of heirs, joint tenants, or personal representatives of her estate in the Mobilehome to the Soledad Canyon Address via regular mail. (Id. at ¶ 4, Exh. 3.) Simmons states that no one claimed the Mobilehome as of the date of her declaration. (Id.) Simmons further states that the Mobilehome is not permanently affixed to the land. (Amended Pet., Simmons Decl., ¶ 6.) Thus, Petitioner has demonstrated that 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.”

Simmons states she posted a Notice of Belief of Abandonment (the “Abandonment Notice”) on the Mobilehome on February 26, 2019. (Mot., Simmons Decl., ¶ 5, Exh. B.) She thereafter mailed a copy of the notice of belief of abandonment to Respondent De Muniz via certified mail. (Id.)

Petitioner also served a copy of the Abandonment Notice on Robert Brock (“Brock”) and John Hunsaker (“Hunsaker”) via certified mail. (Id. at ¶¶ 3, 5, Exhs. 2, 4; 10/19/20 Williamson Decl., ¶ 16.) Petitioner argues Brock and Hunsaker are the registered owners of the Mobilehome. (Id.) The Court notes, however, that the DMV records Petitioner submitted only show that Brock and Hunsaker were the registered owners from February 28, 2016 through February 28, 2017. (Id. at ¶ 3, Exh. 2.) In addition, the DMV records demonstrate Brock and Hunsaker’s address is 1237 S. Beverly Glen Blvd., Los Angeles, CA 90024. (Id.) The Abandonment Notice, however, was incorrectly addressed to 237 S. Beverly Glen, Los Angeles CA 90024. (Id. at ¶¶ 3, 5, Exhs. 2, 4.) Although Petitioner includes a copy of the certified mail receipt, it does not include a copy of the return receipt requested as required by Civil Code section 798.61, subdivision (b). Indeed, a return receipt may have alerted Petitioner that Brock and Hunsaker’s Abandonment Notice was sent to an incorrect address.

As Petitioner has not demonstrated the Abandonment Notice was served on the purported registered owners, the Court cannot find section 798.61, subdivision (b) has been satisfied.

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 demonstrating Respondent De Muniz was served with the Amended Petition on July 2, 2020 by posting a copy of the documents in a conspicuous place and by mailing copies of the documents via certified mail. (9/28/20 Proof of Service.) A copy of the return receipt is not attached. In addition, at the previous hearing, the Court noted that Petitioner named the Estate of Kathryn De Muniz as a Respondent but did not serve the representative of the Estate. (8/25/20 Minute Order.) Petitioner has not addressed this issue. Instead, Petitioner filed additional proofs of service purporting to show the “Estate of Kathryn De Muniz” was served with the Amended Petition and Notice of Hearing. However, an estate is not a legal entity capable of being sued. (Galdjjie v. Darwish (2003) 113 Cal.App.4th 1331, 1344.) Any litigation must be maintained against the executor, administrator, or trustee of the estate. (Id.) Thus, Petitioner should either dismiss the Estate or properly serve an executor, administrator, or trustee of the Estate.

In addition, Petitioner filed a proof of service demonstrating that on September 28, 2020, Brock and Hunsaker were served with the Amended Petition. However, the proof of service states the documents were mailed via regular mail, not registered or certified mail with a return receipt requested as required by Section 798.61, subdivision (c)(1). (10/2/20 Proof of Service.) More importantly, as with the Abandonment Notice, the Amended Petition seems to have been served at an incorrect address. Specifically, the Amended Petition was served at 237 Beverly Glen, Los Angeles, CA 90024 instead of the address on the DMV records, 1237 S. Beverly Glenn Blvd., Los Angeles, CA 90024. Again, a return receipt may have alerted Petitioner of this error, but it appears none was requested.

Finally, the Court notes the notices of continued hearing for Respondent Muniz are incorrectly addressed to 1824 Soledad Canyon Rd. #1, Canyon Country, CA 91387 rather than 18204 Soledad Canyon Rd. #1, Santa Clarita, CA 91387. (9/28/20 Proof of Service, 10/2/20 Proof of Service; 10/19/20 Proof of service.)

Based on the above, the Court cannot find the requirements of Section 798.61, subdivision (c), have been satisfied.

D. 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.”

Here, Petitioner’s counsel states that the reasonable attorney’s fees and costs incurred in preparing this Petition and supporting documents is approximately $2,500.00. (Mot., Williamson Decl., ¶ 12.) However, without further details regarding counsel’s hourly rate, breakdown of the hours expended, and costs incurred in this action, the Court is unable to evaluate the reasonableness of Petitioner’s request.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Sierra MHP Associates, LP dba Sierra MHP’s Petition for a Judicial Declaration of Abandonment of Mobilehome is CONTINUED TO DEC 1, 2020 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 errors noted herein. Failure to do so will result in the Petition being placed off calendar or denied.

Moving party is ordered to give notice.

Case Number: 19STCP01156    Hearing Date: August 25, 2020    Dept: 25

HEARING DATE: Tue., August 25, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Sierra MHP Associates, LP dba Sierra MHP v. De Muniz

CASE NUMBER: 19STCP01156 PET FILED: 04-10-19

NOTICE: NO

PROCEEDINGS: PETITION FOR A JUDICIAL DECLARATION OF ABANDONMENT OF MOBILEHOME

MOVING PARTY: Petitioner Sierra MHP Associates, LP dba Sierra MHP

RESP. PARTY: None

PETITION TO DECLARE MOBILEHOME ABANDONED

(Civ. Code § 798.61)

TENTATIVE RULING:

Petitioner Sierra MHP Associates, LP dba Sierra MHP’s Petition for a Judicial Declaration of Abandonment of Mobilehome is CONTINUED TO OCTOBER 29, 2020 AT 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next hearing, Petitioner must file and serve supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Petition being placed off calendar or denied.

SERVICE:

[ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO

[ ] Correct Address (CCP §§ 1013, 1013a) NO

[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

OPPOSITION: None filed as of August 21, 2020 [ ] Late [X] None

REPLY: None filed as of August 21, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On April 10, 2019, Petitioner Sierra MHP Associates, LP dba Sierra MHP (“Petitioner”) filed the instant Petition for Judicial Declaration of Abandonment of Mobilehome (the “Petition”) against Respondents Kathryn De Muniz (“De Muniz”), who is believed to be deceased, and the Estate of Kathryn De Muniz (the “Estate”). Petitioner seeks a court order declaring Respondent De Muniz’s, mobilehome (the “Mobilehome”), located on space number 1 at 18204 Soledad Canyon Rd., Santa Clarita, CA 91387 (the “Soledad Canyon Address”), to be abandoned as well as an award of past-due rent, utilities, attorney’s fees, and costs. (Amended Pet., ¶¶ 1-2; Simmons Decl., ¶¶ 2, Exh. 1.)

Petitioner filed three proofs of service demonstrating that the Petition was posted in a conspicuous place at the Soledad Canyon Address on June 3, 2019, and thereafter mailed to the Soledad Canyon Address. (6/7/19 Proofs of Service.)

An Amended Petition was filed on June 15, 2020. The Amended Petition does not include a Notice of Hearing. Petitioner filed a proof of service for the Amended Petition showing that “All Unknown Occupants” were served on July 24, 2020, pursuant to Code of Civil Procedure section 415.45 by posting a copy of the Amended Petition in a conspicuous place and thereafter mailing the documents via certified mail to the Soledad Canyon Address. (7/15/20.)

To date, no opposition has been filed.

  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 Lana Simmons (“Simmons”), the regional property manager for Petitioner. Therein, she states that the Mobilehome is unoccupied and demonstrates that no rent has been paid since May 1, 2017. (Amended Pet., Simmons Decl., ¶¶ 6, 7, Exh. 5.) Because Respondent De Muniz is believed to be deceased, Simmons mailed a letter regarding the rights of heirs, joint tenants, or personal representatives of her estate in the Mobilehome to the Soledad Canyon Address via regular mail. (Id. at ¶ 4, Exh. 3.) Simmons states that no one claimed the Mobilehome as of the date of her declaration. (Id.) Simmons further states that the Mobilehome is not permanently affixed to the land. (Amended Pet., Simmons Decl., ¶ 6.) Thus, Petitioner has demonstrated that 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.”

Simmons states that she posted a Notice of Belief of Abandonment (the “Notice”) on the Mobilehome on February 26, 2019, and includes a proof of service purporting to show Respondent Muniz was also served with the Notice by mail. (Mot., Simmons Decl., ¶ 5, Exh. 4.) However, the proof of service states the Notice was mailed pursuant to Code of Civil Procedure section 1162, which relates to commercial tenants, not residential tenants. Unlike Civil Code section 798.61, subdivision (b), Section 1162 does not require a Notice to be sent via registered or certified mail. (Code Civ. Proc., § 1162.)

Further, Simmons states that she served a copy of the Notice on the registered owners of the Mobilehome, Robert Brock (“Brock”) and John Hunsaker (“Hunsaker”). (Mot., Simmons Decl., ¶ 5, Exh. 4.) Simmons provides a copy of the DMV Vehicle Registration Information to demonstrate Brock and Hunsaker are the registered owners of the Mobilehome. (Id. at ¶ 5, Exh. 1.) However, because the Petition and supporting documents do not contain a legal description of the Mobilehome, the Court cannot determine whether Brock and Hunsaker are registered owners. Thus, Petitioner is ordered to provide supplemental papers, such as a title search, identifying additional registered owners, if any, and to provide a legal description of the Mobilehome.

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.”

This Petition was first filed on April 10, 2019, and an Amended Petition was filed on June 19, 2020. However, the proof of service for the Amended Petition does not specify who was served, and instead states “All Unknown Occupants” were served pursuant to Code of Civil Procedure section 415.45, not Civil Code 798.61. (7/24/20 Proof of Service.) Importantly, the Amended Petition does not include a Notice of Hearing. In addition, Petitioner named the Estate of Kathryn De Muniz as a Respondent, but did not serve the representative of the Estate. Furthermore, it is unclear whether Brock and Hunsaker are the registered owners of the Mobilehome, so the Court cannot determine whether they must also be served with a copy of the Amended Petition and Notice of Hearing via registered or certified mail, return receipt requested.

  1. Conclusion & Order

For the foregoing reasons, Sierra MHP Associates, LP dba Sierra MHP’s Petition for a Judicial Declaration of Abandonment of Mobilehome is CONTINUED TO OCTOBER 29, 2020 AT 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next hearing, Petitioner must file and serve supplemental papers addressing the deficiencies noted 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: 19STCP01156    Hearing Date: December 04, 2019    Dept: 94

Sierra MHP Associates LP v. De Muniz, et al.

PETITION FOR A JUDICIAL DECLARATION OF ABANDONMENT OF THE MOBILE HOME

(Civil Code § 798.61)

TENTATIVE RULING:

Petitioner Sierra MHP Associates, LP dba Sierra MHP’s Petition for a Judicial Declaration of Abandonment of the Mobile Home is CONTINUED to March 18, 2020 at 10:30 a.m. in Department 94.

ANALYSIS:

The Court finds that there are no indications that Petitioner has served notice of the continued hearing date on Respondents. The Petition is thus CONTINUED to March 18, 2020 at 10:30 a.m. in Department 94. Petitioner is ordered to serve notice of the continued hearing date on Respondents and file proof of service of such.

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