This case was last updated from Los Angeles County Superior Courts on 07/22/2020 at 03:32:35 (UTC).

SUMMIT MOBILE HOME COMMUNITY, LLC VS LIOR SHEMZA, ET AL.

Case Summary

On 12/31/2019 SUMMIT MOBILE HOME COMMUNITY, LLC filed an Other lawsuit against LIOR SHEMZA. 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:

    *******5665

  • Filing Date:

    12/31/2019

  • Case Status:

    Other

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

SUMMIT MOBILE HOME COMMUNITY LLC

Respondents

SHEMZA LEONA

SHEMZA LIOR

Attorney/Law Firm Details

Petitioner Attorney

BEAM GREGORY BRUCE

 

Court Documents

Request for Dismissal - Request for Dismissal

7/14/2020: Request for Dismissal - Request for Dismissal

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

4/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice of Continued Hearing on Petition for Permanent Injunction

4/24/2020: Notice (name extension) - Notice of Continued Hearing on Petition for Permanent Injunction

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

3/2/2020: Minute Order - Minute Order (Hearing on Petition Petition for Permanent Injunction)

Declaration (name extension) - Declaration of Lior Shemza in response to petition for permanent injunction

2/20/2020: Declaration (name extension) - Declaration of Lior Shemza in response to petition for permanent injunction

Proof of Personal Service - Proof of Personal Service

2/27/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

2/27/2020: Proof of Personal Service - Proof of Personal Service

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

1/3/2020: Challenge To Judicial Officer - Peremptory (170.6) - Challenge To Judicial Officer - Peremptory (170.6)

Minute Order - Minute Order (Court Order Re: Peremptory Challenge (Code of Civil Procedure...)

1/3/2020: Minute Order - Minute Order (Court Order Re: Peremptory Challenge (Code of Civil Procedure...)

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Peremptory Challenge (Code of Civil Procedure...) of 01/03/2020

1/3/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Peremptory Challenge (Code of Civil Procedure...) of 01/03/2020

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

12/31/2019: Declaration (name extension) - Declaration of Gregory B. Beam in Support of Petition for Permanent Injunction

Civil Case Cover Sheet - Civil Case Cover Sheet

12/31/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

12/31/2019: Declaration (name extension) - Declaration of Crystal Nevarez in Support of Petition for Permanent Injunction

Petition (name extension) - Petition Petition for Permanent Injunction

12/31/2019: Petition (name extension) - Petition Petition for Permanent Injunction

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

12/31/2019: Declaration (name extension) - Declaration of Alma Nevarez in Support of Petition for Permanent Injunction

First Amended Standing Order - First Amended Standing Order

12/31/2019: First Amended Standing Order - First Amended Standing Order

Notice of Hearing on Petition - Notice of Hearing on Petition

12/31/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

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

12/31/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

7 More Documents Available

 

Docket Entries

  • 07/15/2020
  • DocketHearing on Petition Petition for Permanent Injunction scheduled for 07/20/2020 at 09:00 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 07/15/2020

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  • 07/14/2020
  • DocketOn the Petition filed by Summit Mobile Home Community, LLC on 12/31/2019, entered Request for Dismissal without prejudice filed by Summit Mobile Home Community, LLC as to Leona Shemza and Lior Shemza

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  • 07/14/2020
  • DocketAddress for Gregory Bruce Beam (Attorney) null

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  • 04/24/2020
  • DocketNotice of Continued Hearing on Petition for Permanent Injunction; Filed by: Summit Mobile Home Community, LLC (Petitioner); As to: Lior Shemza (Respondent); Leona Shemza (Respondent)

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  • 04/17/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/17/2020
  • DocketUpdated -- Notice Re: Continuance of Hearing and Order: Result: Withdrawn - Filed in Error; Result Date: 04/17/2020; As To Parties: removed; Status changed from Filed to Rejected

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  • 04/17/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/17/2020
  • DocketReset - Court Unavailable, Hearing on Petition Petition for Permanent Injunction scheduled for 05/06/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 07/17/2020 09:00 AM

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  • 04/17/2020
  • DocketReset - Court Unavailable, Hearing on Petition Petition for Permanent Injunction scheduled for 07/17/2020 at 09:00 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 07/20/2020 09:00 AM

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  • 04/02/2020
  • DocketOn the Court's own motion, Hearing on Petition Petition for Permanent Injunction scheduled for 03/02/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 05/06/2020 10:30 AM

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9 More Docket Entries
  • 12/31/2019
  • DocketPetition Petition for Permanent Injunction; Filed by: Summit Mobile Home Community, LLC (Petitioner); As to: Lior Shemza (Respondent); Leona Shemza (Respondent)

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  • 12/31/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 12/31/2019
  • DocketDeclaration of Gregory B. Beam in Support of Petition for Permanent Injunction; Filed by: Summit Mobile Home Community, LLC (Petitioner); As to: Lior Shemza (Respondent); Leona Shemza (Respondent)

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  • 12/31/2019
  • DocketDeclaration of Crystal Nevarez in Support of Petition for Permanent Injunction; Filed by: Summit Mobile Home Community, LLC (Petitioner); As to: Lior Shemza (Respondent); Leona Shemza (Respondent)

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  • 12/31/2019
  • DocketCivil Case Cover Sheet; Filed by: Summit Mobile Home Community, LLC (Petitioner); As to: Lior Shemza (Respondent); Leona Shemza (Respondent)

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  • 12/31/2019
  • DocketDeclaration of Alma Nevarez in Support of Petition for Permanent Injunction; Filed by: Summit Mobile Home Community, LLC (Petitioner); As to: Lior Shemza (Respondent); Leona Shemza (Respondent)

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  • 12/31/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 12/31/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/31/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/31/2019
  • DocketHearing on Petition Petition for Permanent Injunction scheduled for 05/05/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 19STCP05665    Hearing Date: March 02, 2020    Dept: 25

PERMANENT INJUNCTION

(CCP § 798.88)

TENTATIVE RULING:

Petition for Permanent Injunction is CONTINUED to MAY 6, 2020, at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

OPPOSITION: Filed on February 20, 2020 [X] Late

REPLY: None filed as of February 27, 2020

ANALYSIS:

  1. Background

On December 31, 2019, Petitioner Summit Mobile Home Community, LLC (“Petitioner”) initiated this action with the instant Petition for Permanent Injunction against Respondents Lior (“Lior”) Shemza and Leona Shemza (“Leona”) (collectively, “Respondents”).

Petitioner moves pursuant to Civil Code section 798.88 for an order enjoining Respondents from continuing to violate the rules of Petitioner’s mobilehome park. Specifically, that Respondents be immediately ordered to remove an unapproved wooden, garage-type structure from the premises. (Pet., p. 6:27-28.)

On February 20, 2020, Respondent Lior, filed a declaration in response to the Petition. To date, no reply brief has been filed.

  1. Legal Standard & Discussion

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.) 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).)

Notice must be delivered personally to the homeowner or deposited in the U.S. mail, postage prepaid, addressed to the homeowner at his or her site within the mobilehome park. (Civ. Code, § 798.14, subd. (a).)

Here, Respondents were personally served with the Petition on February 7, 2020. (2/27/20 Proofs of Service.) Thus, Respondents were given proper notice of the Petition.

The Court notes that it has been unable to locate Respondent Lior’s declaration. The Court is diligently searching for the declaration as it appears it was filed on paper at the Clerk’s window. However, as of this date, it has not yet been made digitally available for the Court’s review.

Thus, the matter is CONTINUED to allow sufficient time to locate and review the document.

  1. Conclusion & Order

For the foregoing reasons, the Petition for Permanent Injunction is CONTINUED to MAY 6, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

Moving party is ordered to give notice.