This case was last updated from Los Angeles County Superior Courts on 10/02/2020 at 02:56:08 (UTC).

SUMMIT MOBILE HOME COMMUNITY, LLC VS CHRISTIE MARIANI

Case Summary

On 01/23/2020 SUMMIT MOBILE HOME COMMUNITY, LLC filed an Other lawsuit against CHRISTIE MARIANI. 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0320

  • Filing Date:

    01/23/2020

  • Case Status:

    Other

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

SUMMIT MOBILE HOME COMMUNITY LLC

Respondent

MARIANI CHRISTIE

Attorney/Law Firm Details

Petitioner Attorney

BEAM GREGORY BRUCE

Respondent Attorney

CAMPBELL FRANCES MILLER

 

Court Documents

Notice (name extension) - Notice of Order to Show Cause Re: Dismissal

7/17/2020: Notice (name extension) - Notice of Order to Show Cause Re: Dismissal

Notice (name extension) - Notice of Case Transfer and Notice of Hearing on Petition for Permanent Injunction

6/16/2020: Notice (name extension) - Notice of Case Transfer and Notice of Hearing on Petition for Permanent Injunction

Notice of Settlement - Notice of Settlement

6/26/2020: Notice of Settlement - Notice of Settlement

Minute Order - Minute Order (Hearing on Petition for Permanent Injunction)

6/29/2020: Minute Order - Minute Order (Hearing on Petition for Permanent Injunction)

Notice of Hearing on Petition - Notice of Hearing on Petition

4/1/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

Challenge To Judicial Officer - Peremptory (170.6) - Challenge To Judicial Officer - Peremptory (170.6)

2/25/2020: Challenge To Judicial Officer - Peremptory (170.6) - Challenge To Judicial Officer - Peremptory (170.6)

Response to Petition - Response to Petition

3/5/2020: Response to Petition - Response to Petition

Challenge To Judicial Officer - Peremptory (170.6) - Challenge To Judicial Officer - Peremptory (170.6)

1/29/2020: Challenge To Judicial Officer - Peremptory (170.6) - Challenge To Judicial Officer - Peremptory (170.6)

Minute Order - Minute Order (Hearing on Petition for Permanent Injunction)

2/24/2020: Minute Order - Minute Order (Hearing on Petition for Permanent Injunction)

Certificate of Mailing for - Certificate of Mailing for [Minute Order (Court Order Re: Peremptory Challenge to Judicial Officer)]

1/29/2020: Certificate of Mailing for - Certificate of Mailing for [Minute Order (Court Order Re: Peremptory Challenge to Judicial Officer)]

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

2/18/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Declaration (name extension) - Declaration of Gregory B. Beam in Support of Petition for Permanent Injunction

1/23/2020: Declaration (name extension) - Declaration of Gregory B. Beam in Support of Petition for Permanent Injunction

Petition (name extension) - Petition for Permanent Injunction

1/23/2020: Petition (name extension) - Petition for Permanent Injunction

Declaration (name extension) - Declaration of Alma Nevarez in Support of Petition for Permanent Injunction

1/23/2020: Declaration (name extension) - Declaration of Alma Nevarez in Support of Petition for Permanent Injunction

Civil Case Cover Sheet - Civil Case Cover Sheet

1/23/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

1/23/2020: First Amended Standing Order - First Amended Standing Order

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

1/23/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

1/23/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

18 More Documents Available

 

Docket Entries

  • 09/16/2020
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 09/30/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 20 Not Held - Vacated by Court on 09/16/2020

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  • 08/20/2020
  • DocketOn the Petition filed by Summit Mobile Home Community, LLC on 01/23/2020, entered Request for Dismissal with prejudice filed by Summit Mobile Home Community, LLC as to the entire action

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  • 07/17/2020
  • DocketNotice of Order to Show Cause Re: Dismissal; Filed by: Summit Mobile Home Community, LLC (Petitioner); As to: Summit Mobile Home Community, LLC (Petitioner)

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  • 06/29/2020
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 09/30/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 20

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  • 06/29/2020
  • DocketMinute Order (Hearing on Petition for Permanent Injunction)

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  • 06/29/2020
  • DocketHearing on Petition for Permanent Injunction scheduled for 06/29/2020 at 09:30 AM in Stanley Mosk Courthouse at Department 20 updated: Result Date to 06/29/2020; Result Type to Not Held - Taken Off Calendar by Court

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  • 06/16/2020
  • DocketNotice of Case Transfer and Notice of Hearing on Petition for Permanent Injunction; Filed by: Summit Mobile Home Community, LLC (Petitioner); As to: Christie Mariani (Respondent)

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  • 06/15/2020
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 20 - Hon. David J. Cowan; Reason: Inventory Transfer

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  • 06/10/2020
  • DocketMinute Order (Court Order Transferring Department 44 case;)

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  • 06/10/2020
  • DocketCertificate of Mailing for (Court Order Transferring Department 44 case;) of 06/10/2020; Filed by: Clerk

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28 More Docket Entries
  • 01/24/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 01/24/2020
  • DocketHearing on Petition for Permanent Injunction scheduled for 05/28/2020 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 01/23/2020
  • DocketPetition for Permanent Injunction; Filed by: Summit Mobile Home Community, LLC (Petitioner); As to: Christie Mariani (Respondent)

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  • 01/23/2020
  • DocketDeclaration of Gregory B. Beam in Support of Petition for Permanent Injunction; Filed by: Summit Mobile Home Community, LLC (Petitioner); As to: Christie Mariani (Respondent)

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  • 01/23/2020
  • DocketCivil Case Cover Sheet; Filed by: Summit Mobile Home Community, LLC (Petitioner); As to: Christie Mariani (Respondent)

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  • 01/23/2020
  • DocketDeclaration of Alma Nevarez in Support of Petition for Permanent Injunction; Filed by: Summit Mobile Home Community, LLC (Petitioner); As to: Christie Mariani (Respondent)

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  • 01/23/2020
  • DocketDeclaration of Crystal Nevarez in Support of Petition for Permanent Injunction; Filed by: Summit Mobile Home Community, LLC (Petitioner); As to: Christie Mariani (Respondent)

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  • 01/23/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 01/23/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/23/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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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:

(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.