SUMMIT MOBILE HOME COMMUNITY, LLC VS CHRISTIE MARIANI

Tentative Rulings

Case Number: 20STCP00320    Hearing Date: February 24, 2020    Dept: 26

Summit Mobile Home Community, LLC v. Mariani

PERMANENT INJUNCTION

(Civil Code § 798.88)

TENTATIVE RULING:

Petitioner Summit Mobile Home Community, LLC’s Petition for Permanent Injunction Against Respondent Christie Mariani is CONTINUED for supplemental briefing, not to exceed 5 pages, as to whether the service requirements set forth at Civil Code section 798.88, subdivision (c) have been satisfied.

ANALYSIS:

Petitioner Summit Mobile Home Community, LLC (“Petitioner”) filed the instant Petition for Permanent Injunction against Christie Mariani (“Respondent”) on January 23, 2020. Petitioner moves pursuant to Civil Code section 786.88 for an order enjoining Respondent from continuing violation of the rules of Petitioner’s Mobile Home Park. Specifically, that Respondent be immediately ordered to remove the awning posts from the block wall. (Pet., Prayer, ¶1.)

Legal Standard

The Mobilehome Residency Law (“MRL”) gives management an injunctive relief remedy for violations of “reasonable” park rules and regulations. (Civ. Code, § 798.88.) Specifically, management may obtain a restraining order against a continuing or recurring violation of any “reasonable rule or regulation.” (Civ. Code, § 798.88, subd. (b); Rancho Santa Paula Mobilehome Park, Ltd. v. Evans (1994) 26 Cal.App.4th 1139, 1142.) The Petition and Notice of Hearing must be personally served on the respondent. (Civ. Code, § 798.88, subd. (c).) At the time of the hearing, the court shall issue the injunction if it finds by clear and convincing evidence the existence of a continuing or recurring violation of a “reasonable rule or regulation.” (Civ. Code, § 798.88, subd. (d).) The duration of the injunction may not exceed three years. (Civ. Code, § 798.88, subd. (d).)

Discussion

Petitioner has not complied with the service requirements set forth at Civil Code section 798.88, subdivision (c), which require personal service of the Petition and Notice of Hearing. Petitioner did not file proof of service and therefore the Court finds that Petitioner does not meet its burden to show proper service.

The Petition is supported by the declarations of the Mobile Home Park’s manager, Alma Nevarez (“Alma”) and Park Office Assistant, Crystal Nevarez (“Crystal”). Crystal states in her declaration that the subject Mobile Home Park (“the Park”) is located at 24425 Woolsey Canyon Rd., West Hills, California and is owned by Petitioner. (Pet., Crystal Decl., ¶1.) Both Crystal and Alma work for J&H Asset Property Management, which was hired by Petitioner to oversee operations of the Park. (Pet., Crystal Decl., ¶1; Alma Decl., ¶1.) On February 21, 2018, Respondent entered into a written agreement with Petitioner to lease Space 129 of the Park (“the Premises”). (Alma Decl., ¶2 and Exh. 1.) Respondent owns the Mobile Home that is located on the Premises. (Ibid.) Pursuant to the lease agreement, Respondent agreed to the Park Rules, which were incorporated therein. (Id. at ¶3.)

Since March 2018, Alma has observed Respondent violating several Park Rules as follows:

• Having wooden awning support posts mounted on the block wall without proper clearance from the lot lines or another combustible structure on the adjacent lot.

• All or part of the awning was made of combustible materials. (This was later cured.)

(Id. at ¶4(a)-(f).) Following these violations, Petitioner’s counsel issued seven-day Notices to Comply with Rules and Regulations in October and November 2019. (Id. at ¶4(c)-(f); Beam Decl., ¶2; Ex. 3-6.) Despite the Notice to Comply, Respondent continues to be in violation of Rules. (Id. at ¶4(e)-6.)

While the foregoing clear and convincing evidence, which is unopposed, demonstrates that Respondent continues to violate Petitioner’s reasonable rules and regulations, there is no proof of proper service of the instant Petition and Notice of Hearing.

The Petition for Permanent Injunction Against Respondent Christie Mariani is CONTINUED for supplemental briefing, not to exceed 5 pages, as to whether the service requirements set forth at Civil Code section 798.88, subdivision (c) have been satisfied.

Moving party to give notice.