This case was last updated from Los Angeles County Superior Courts on 10/29/2020 at 01:48:57 (UTC).

SUMMIT MOBILE HOME COMMUNITY, LLC VS LENA RACHEL KAMGA, ET AL.

Case Summary

On 02/06/2020 SUMMIT MOBILE HOME COMMUNITY, LLC filed an Other lawsuit against LENA RACHEL KAMGA. 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0522

  • Filing Date:

    02/06/2020

  • Case Status:

    Other

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Petitioner

SUMMIT MOBILE HOME COMMUNITY LLC

Respondents

KAMGA LENA RACHEL

KAMGA BOYOM AKA BERTRAND BENEDICH KAMGA BOYOM

KAMGA BERTRAND

Attorney/Law Firm Details

Petitioner Attorney

BEAM GREGORY BRUCE

Respondent Attorney

CAMPBELL FRANCES MILLER

 

Court Documents

Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement))

9/22/2020: Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement))

Notice (name extension) - Notice Notice of Continuance of OSC re: Dismissal

9/22/2020: Notice (name extension) - Notice Notice of Continuance of OSC re: Dismissal

Minute Order - Minute Order (Case Management Conference; Hearing - Other Petition for Perm...)

7/7/2020: Minute Order - Minute Order (Case Management Conference; Hearing - Other Petition for Perm...)

Case Management Statement - Case Management Statement

4/8/2020: Case Management Statement - Case Management Statement

Notice (name extension) - Notice Notice of Case Management Conference

4/1/2020: Notice (name extension) - Notice Notice of Case Management Conference

Notice of Hearing on Petition - Notice of Hearing on Petition

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

Minute Order - Minute Order (Court Order Re: Peremptory Challenge to Judicial Officer)

3/10/2020: Minute Order - Minute Order (Court Order Re: Peremptory Challenge to Judicial Officer)

Certificate of Mailing for - Certificate of Mailing for (Court Order Re Reassignment) of 03/13/2020

3/13/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re Reassignment) of 03/13/2020

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

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

Minute Order - Minute Order (Court Order re: Peremptory Challenge to Judicial Officer)

2/26/2020: Minute Order - Minute Order (Court Order re: Peremptory Challenge to Judicial Officer)

Certificate of Mailing for - Certificate of Mailing for (Court Order re: Peremptory Challenge to Judicial Officer) of 02/26/2020

2/26/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order re: Peremptory Challenge to Judicial Officer) of 02/26/2020

Proof of Personal Service - Proof of Personal Service

2/21/2020: Proof of Personal Service - Proof of Personal Service

Notice of Hearing on Petition - Notice of Hearing on Petition

2/21/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

Petition (name extension) - Petition for Permanent Injunction

2/6/2020: Petition (name extension) - Petition for Permanent Injunction

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

2/6/2020: Declaration (name extension) - Declaration of Gregory B. Beam in Support of Petition for Permanent Injunction

Civil Case Cover Sheet - Civil Case Cover Sheet

2/6/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

2/6/2020: First Amended Standing Order - First Amended Standing Order

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

2/6/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

25 More Documents Available

 

Docket Entries

  • 10/13/2020
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 10/27/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 20 Not Held - Vacated by Court on 10/13/2020

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  • 09/25/2020
  • DocketOn the Petition filed by Summit Mobile Home Community, LLC on 02/06/2020, entered Request for Dismissal with prejudice filed by Summit Mobile Home Community, LLC as to the entire action

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  • 09/22/2020
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 10/27/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 20

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  • 09/22/2020
  • DocketNotice Notice of Continuance of OSC re: Dismissal; Filed by: Summit Mobile Home Community, LLC (Petitioner); As to: Lena Rachel Kamga (Respondent); Boyom Kamga (Respondent); Bertrand Kamga (Respondent)

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  • 09/22/2020
  • DocketMinute Order (Order to Show Cause Re: Dismissal (Settlement))

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  • 09/22/2020
  • DocketOn the Court's own motion, Order to Show Cause Re: Dismissal (Settlement) scheduled for 09/22/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 20 Held - Continued was rescheduled to 10/27/2020 08:30 AM

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  • 07/07/2020
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 09/22/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 20

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  • 07/07/2020
  • DocketUpdated -- Minute Order (Case Management Conference; Hearing - Other Petition for Perm...): Status Date changed from 07/07/2020 to 07/07/2020; Name Extension changed from (Case Management Conference; Hearing - Other Petition for Perm...) to (Case Management Conference; Hearing - Other Petition for Perm...); As To Parties: removed

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  • 07/07/2020
  • DocketMinute Order (Case Management Conference; Hearing - Other Petition for Perm...)

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  • 07/07/2020
  • DocketCertificate of Mailing for (Case Management Conference; Hearing - Other Petition for Perm...) of 07/07/2020; Filed by: Clerk

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41 More Docket Entries
  • 02/07/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 02/07/2020
  • DocketHearing on Petition for Permanent Injunction scheduled for 06/11/2020 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 02/06/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 02/06/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/06/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 02/06/2020
  • DocketDeclaration of Crystal Nevarez in Support of Petition for Permanent Injunction; Filed by: Summit Mobile Home Community, LLC (Petitioner); As to: Lena Rachel Kamga (Respondent); Boyom Kamga (Respondent)

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  • 02/06/2020
  • DocketDeclaration of Gregory B. Beam in Support of Petition for Permanent Injunction; Filed by: Summit Mobile Home Community, LLC (Petitioner); As to: Lena Rachel Kamga (Respondent); Boyom Kamga (Respondent)

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  • 02/06/2020
  • DocketCivil Case Cover Sheet; Filed by: Summit Mobile Home Community, LLC (Petitioner); As to: Lena Rachel Kamga (Respondent); Boyom Kamga (Respondent)

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  • 02/06/2020
  • DocketDeclaration of Alma Nevarez in Support of Petition for Permanent Injunction; Filed by: Summit Mobile Home Community, LLC (Petitioner); As to: Lena Rachel Kamga (Respondent); Boyom Kamga (Respondent)

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  • 02/06/2020
  • DocketPetition for Permanent Injunction; Filed by: Summit Mobile Home Community, LLC (Petitioner); As to: Lena Rachel Kamga (Respondent); Boyom Kamga (Respondent)

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Tentative Rulings

Case Number: 20STCP00522    Hearing Date: February 24, 2020    Dept: 26

Summit Mobile Home Community, LLC v. Kamga, et al.

PERMANENT INJUNCTION

(Civil Code § 798.88)

TENTATIVE RULING:

Petitioner Summit Mobile Home Community, LLC’s Petition for Permanent Injunction Against Respondents Boyom Kamga aka Bertrand Benedich Kamga Boyom and Lena Rachel Kamga is CONTINUED for supplemental briefing, not to exceed five 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 Boyom Kamga aka Bertrand Benedich Kamga Boyom and Lena Rachel Kamga (“Respondents”) on February 6, 2020. Petitioner moves pursuant to Civil Code section 786.88 for an order enjoining Respondents from continuing violation of the rules of Petitioner’s Mobile Home Park. Specifically, that Respondents be immediately ordered to remove the wooden storage shed and install handrails on the stairs leading up to the mobile home. (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 May 19, 2016, Respondent entered into a written agreement with Petitioner to lease Space 32 of the Park (“the Premises”). (Alma Decl., ¶2 and Exh. 1.) Respondents own the Mobile Home that is located on the Premises. (Ibid.) Pursuant to the lease agreement, Respondents agreed to the Park Rules, which were incorporated therein. (Id. at ¶3.)

Since October 2019, Alma has observed Respondents violating several Park Rules as follows:

(Id. at ¶4(a)-(e).) Following these violations, Petitioner’s counsel issued seven-day Notices to Comply with Rules and Regulations in October 2019 through January 2020. (Id. at ¶4(b)-(f); Beam Decl., ¶2; Ex. 3-6.) Despite the Notice to Comply, Respondents continue to be in violation of Rules. (Id. at ¶4(e)-6.)

While the foregoing clear and convincing evidence, which is unopposed, demonstrates that Respondents continue 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 Respondents Boyom Kamga aka Bertrand Benedich Kamga Boyom and Lena Rachel Kamga 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.