This case was last updated from Los Angeles County Superior Courts on 07/03/2020 at 11:22:31 (UTC).

SUMMIT MOBILE HOME COMMUNITY, LLC VS RON PUCILLO

Case Summary

On 12/24/2019 SUMMIT MOBILE HOME COMMUNITY, LLC filed an Other lawsuit against RON PUCILLO. This case was filed in Los Angeles County Superior Courts, Spring Street 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:

    *******5646

  • Filing Date:

    12/24/2019

  • Case Status:

    Other

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Petitioner

SUMMIT MOBILE HOME COMMUNITY LLC

Respondent

PUCILLO RON

Attorney/Law Firm Details

Petitioner Attorney

BEAM GREGORY BRUCE

 

Court Documents

Request for Dismissal - Request for Dismissal

6/25/2020: Request for Dismissal - Request for Dismissal

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition for Permanent Injunction Against Responde...) of 06/26/2020

6/26/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition for Permanent Injunction Against Responde...) of 06/26/2020

Minute Order - Minute Order (Hearing on Petition for Permanent Injunction Against Responde...)

6/26/2020: Minute Order - Minute Order (Hearing on Petition for Permanent Injunction Against Responde...)

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

6/5/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

4/14/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Minute Order - Minute Order (Ruling on Submitted Matter)

3/16/2020: Minute Order - Minute Order (Ruling on Submitted Matter)

Certificate of Mailing for - Certificate of Mailing for (Ruling on Submitted Matter) of 03/16/2020

3/16/2020: Certificate of Mailing for - Certificate of Mailing for (Ruling on Submitted Matter) of 03/16/2020

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

2/20/2020: Minute Order - Minute Order (Hearing on Petition for Permanent Injunction)

Notice of Hearing on Petition - Notice of Hearing on Petition

2/6/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

Proof of Service by Substituted Service - Proof of Service by Substituted Service

2/6/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Petition (name extension) - Petition for Permanent Injunction

12/24/2019: Petition (name extension) - Petition for Permanent Injunction

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

12/24/2019: Declaration (name extension) - Declaration of Alma Nevarez in Support of Petition for Permanent Injunction

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

12/24/2019: Declaration (name extension) - Declaration of Crystal Nevarez in Support of Petition for Permanent Injunction

Civil Case Cover Sheet - Civil Case Cover Sheet

12/24/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

12/24/2019: Declaration (name extension) - Declaration of Gregory B. Beam in Support of Petition for Permanent Injunction

First Amended Standing Order - First Amended Standing Order

12/24/2019: First Amended Standing Order - First Amended Standing Order

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

12/24/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

12/24/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

6 More Documents Available

 

Docket Entries

  • 06/26/2020
  • DocketMinute Order (Hearing on Petition for Permanent Injunction Against Responde...)

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  • 06/26/2020
  • DocketCertificate of Mailing for (Hearing on Petition for Permanent Injunction Against Responde...) of 06/26/2020; Filed by: Clerk

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  • 06/26/2020
  • DocketAddress for Gregory Bruce Beam (Attorney) null

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  • 06/26/2020
  • DocketHearing on Petition for Permanent Injunction Against Respondent Ron Pucillo scheduled for 06/26/2020 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 06/26/2020; Result Type to Held

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  • 06/25/2020
  • DocketOn the Petition filed by Summit Mobile Home Community, LLC on 12/24/2019, entered Request for Dismissal without prejudice filed by Summit Mobile Home Community, LLC as to Ron Pucillo

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  • 06/05/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 06/05/2020
  • DocketReset - Court Unavailable, Hearing on Petition for Permanent Injunction Against Respondent Ron Pucillo scheduled for 06/22/2020 at 09:00 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 06/26/2020 10:00 AM

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  • 04/14/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/14/2020
  • DocketReset - Court Unavailable, Hearing on Petition for Permanent Injunction Against Respondent Ron Pucillo scheduled for 04/20/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 06/22/2020 09:00 AM

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  • 03/16/2020
  • DocketHearing on Petition for Permanent Injunction Against Respondent Ron Pucillo scheduled for 04/20/2020 at 10:30 AM in Spring Street Courthouse at Department 26

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7 More Docket Entries
  • 12/30/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 12/30/2019
  • DocketHearing on Petition for Permanent Injunction scheduled for 04/28/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/24/2019
  • DocketPetition for Permanent Injunction; Filed by: Summit Mobile Home Community, LLC (Petitioner); As to: Ron Pucillo (Respondent)

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  • 12/24/2019
  • DocketCivil Case Cover Sheet; Filed by: Summit Mobile Home Community, LLC (Petitioner); As to: Ron Pucillo (Respondent)

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  • 12/24/2019
  • DocketDeclaration of Crystal Nevarez in Support of Petition for Permanent Injunction; Filed by: Summit Mobile Home Community, LLC (Petitioner); As to: Ron Pucillo (Respondent)

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  • 12/24/2019
  • DocketDeclaration of Gregory B. Beam in Support of Petition for Permanent Injunction; Filed by: Summit Mobile Home Community, LLC (Petitioner); As to: Ron Pucillo (Respondent)

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  • 12/24/2019
  • DocketDeclaration of Alma Nevarez in Support of Petition for Permanent Injunction; Filed by: Summit Mobile Home Community, LLC (Petitioner); As to: Ron Pucillo (Respondent)

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  • 12/24/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 12/24/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/24/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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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:

(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.