SUMMIT MOBILE HOME COMMUNITY, LLC VS RON PUCILLO

Tentative Rulings

Case Number: 19STCP05646    Hearing Date: June 26, 2020    Dept: 26

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

PERMANENT INJUNCTION

(Civil Code § 798.88)

TENTATIVE RULING:

Petitioner Summit Mobile Home Community, LLC’s Petition for Permanent Injunction Against Respondent Ron Pucillo is PLACED OFF CALENDAR.

ANALYSIS:

Petitioner Summit Mobile Home Community, LLC (“Petitioner”) filed the instant Petition for Permanent Injunction against Ron Pucillo (“Respondent”) on December 24, 2019. 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 (1) remove all items from outside his home and storage shed except outdoor patio furniture and barbecues from the Premises and prohibited from storing any items except outdoor patio furniture and barbecues outside of the Mobilehome and on the Premises; (2) remove the wooden awning; (3) remove the wooden storage shed; and (4) install proper handrails on the steps leading up to his Mobilehome. (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. Instead, the Petition and Notice of hearing were sub-served on Petitioner. (Proof of Service, filed 2/6/20.) The Petition initially came for hearing on February 20, 2020, at which time the Court expressed its concern that the Petition and Notice of Hearing were not served in accordance with the statutory requirements. Following oral argument, the Court took the matter under submission. On March 16, 2020, the Court ruled on the submitted matter by continuing the hearing. Petitioner was ordered to file proof of personal service of the Petition and Notice of Hearing at least 16 court days prior to the new hearing date.

To date, however, no such proof of service has been filed. As Petitioner was previously warned regarding failing to file the proof of service as ordered, the Petition for Permanent Injunction against Ron Pucillo is PLACED OFF CALENDAR.

Court clerk to give notice.

Case Number: 19STCP05646    Hearing Date: February 20, 2020    Dept: 26

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

PERMANENT INJUNCTION

(Civil Code § 798.88)

TENTATIVE RULING:

Petitioner Summit Mobile Home Community, LLC’s Petition for Permanent Injunction Against Respondent Ron Pucillo is CONTINUED TO APRIL 20, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING, PETITIONER IS TO FILE PROOF OF PERSONAL SERVICE OF THE PETITION AND NOTICE OF CONTINUED HEARING. FAILURE TO COMPLY WITH THE COURT’S ORDERS MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

ANALYSIS:

Petitioner Summit Mobile Home Community, LLC (“Petitioner”) filed the instant Petition for Permanent Injunction against Ron Pucillo (“Respondent”) on December 24, 2019. 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 (1) remove all items from outside his home and storage shed except outdoor patio furniture and barbecues from the Premises and prohibited from storing any items except outdoor patio furniture and barbecues outside of the Mobilehome and on the Premises; (2) remove the wooden awning; (3) remove the wooden storage shed; and (4) install proper handrails on the steps leading up to his Mobilehome. (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. Instead, the Petition and Notice of hearing were sub-served on Petitioner. (Proof of Service, filed 2/6/20.)

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 October 6, 2016, Respondent entered into a written agreement with Petitioner to lease Space 26 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 September 2019, Alma has observed Respondent violating several Park Rules as follows:

• Keeping storage bins, cardboard boxes, tools, a wheelbarrow, and other items outside the Mobilehome in violation of Rules 5;

• Having an unapproved wooden shed located in the back of his carport and a wooden awning attached to the already-existing aluminum awning on his Mobilehome in violation of Rules 5;

(Id. at ¶4(a)-(d).) Following these violations, Petitioner’s counsel issued seven-day Notices to Comply with Rules and Regulations in November 2019. (Id. at ¶4(e); Beam Decl., ¶¶2-3; Exh. 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, substitute service of the instant Petition and Notice of Hearing is inadequate.

The Petition for Permanent Injunction Against Respondent Ron Pucillo is CONTINUED TO APRIL 20, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING, PETITIONER IS TO FILE PROOF OF PERSONAL SERVICE OF THE PETITION AND NOTICE OF CONTINUED HEARING. FAILURE TO COMPLY WITH THE COURT’S ORDERS MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

Moving party to give notice.