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This case was last updated from Los Angeles County Superior Courts on 02/04/2021 at 03:08:15 (UTC).

TUMBLING WATERS MOBILE HOME PARK, LLC VS TAMMY ANNE KNAPP-ARAGON, ET AL.

Case Summary

On 08/11/2020 TUMBLING WATERS MOBILE HOME PARK, LLC filed an Other lawsuit against TAMMY ANNE KNAPP-ARAGON. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2536

  • Filing Date:

    08/11/2020

  • Case Status:

    Pending - Other Pending

  • 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

TUMBLING WATERS MOBILE HOME PARK LLC

Respondents

KNAPP-ARAGON TAMMY ANNE AKA TAMMY KNAPP

FRANKLIN JERRY

TUMBLING WATERS MOBILE HOME PARK HOMEOWNERS ASSOCIATION

KNAPP JAMES

KNAPP JEREMY

LABELLE SECORRAH

YAMADA JACQUELINE ANNE AKA JACKIE YAMADA

Attorney/Law Firm Details

Petitioner Attorney

MIHELICH MICHAEL W.

 

Court Documents

Proof of Personal Service - Proof of Personal Service

12/29/2020: Proof of Personal Service - Proof of Personal Service

Proof of Service by Mail - Proof of Service by Mail

1/19/2021: Proof of Service by Mail - Proof of Service by Mail

Minute Order - Minute Order (Hearing on Petition FOR INJUNCTION TO PREVENT RECURRING MOBIL...)

1/19/2021: Minute Order - Minute Order (Hearing on Petition FOR INJUNCTION TO PREVENT RECURRING MOBIL...)

Minute Order - Minute Order (Court Order)

1/20/2021: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 01/20/2021

1/20/2021: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 01/20/2021

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

12/7/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Proof of Service by Mail - Proof of Service by Mail

12/14/2020: Proof of Service by Mail - Proof of Service by Mail

Proof of Personal Service - Proof of Personal Service

9/2/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

9/2/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

9/2/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

9/2/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

9/2/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

9/2/2020: Proof of Personal Service - Proof of Personal Service

First Amended Standing Order - First Amended Standing Order

8/11/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

8/11/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition (name extension) - Petition FOR INJUNCTION TO PREVENT RECURRING MOBILE HOME PARK RULE VIOLATIONS

8/11/2020: Petition (name extension) - Petition FOR INJUNCTION TO PREVENT RECURRING MOBILE HOME PARK RULE VIOLATIONS

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

8/11/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

8/11/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

6 More Documents Available

 

Docket Entries

  • 01/20/2021
  • DocketUpdated -- Certificate of Mailing for (Court Order) of 01/20/2021: Status Date changed from 01/20/2021 to 01/20/2021; As To Parties: removed

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  • 01/20/2021
  • DocketMinute Order (Court Order)

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  • 01/20/2021
  • DocketCertificate of Mailing for (Court Order) of 01/20/2021; Filed by: Clerk

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  • 01/19/2021
  • DocketHearing - Other Application for Restraining Order scheduled for 02/02/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 01/19/2021
  • DocketProof of Service by Mail; Filed by: TUMBLING WATERS MOBILE HOME PARK, LLC (Petitioner); As to: TAMMY ANNE KNAPP-ARAGON (Respondent); JACQUELINE ANNE YAMADA (Respondent); JAMES KNAPP (Respondent) et al.

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  • 01/19/2021
  • DocketMinute Order (Hearing on Petition FOR INJUNCTION TO PREVENT RECURRING MOBIL...)

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  • 01/19/2021
  • DocketHearing on Petition FOR INJUNCTION TO PREVENT RECURRING MOBILE HOME PARK RULE VIOLATIONS scheduled for 01/19/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 01/19/2021; Result Type to Held

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  • 12/29/2020
  • DocketProof of Personal Service; Filed by: TUMBLING WATERS MOBILE HOME PARK, LLC (Petitioner); As to: JEREMY KNAPP (Respondent); Service Date: 12/19/2020; Service Cost: 99.00; Service Cost Waived: No

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  • 12/14/2020
  • DocketProof of Service by Mail; Filed by: TUMBLING WATERS MOBILE HOME PARK, LLC (Petitioner); As to: TAMMY ANNE KNAPP-ARAGON (Respondent); JACQUELINE ANNE YAMADA (Respondent); JAMES KNAPP (Respondent) et al.

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  • 12/07/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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4 More Docket Entries
  • 09/02/2020
  • DocketProof of Personal Service; Filed by: TUMBLING WATERS MOBILE HOME PARK, LLC (Petitioner); As to: TUMBLING WATERS MOBILE HOME PARK HOMEOWNERS ASSOCIATION (Respondent); Service Date: 08/27/2020; Service Cost: 41.00; Service Cost Waived: No

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  • 09/02/2020
  • DocketProof of Personal Service; Filed by: TUMBLING WATERS MOBILE HOME PARK, LLC (Petitioner); As to: TAMMY ANNE KNAPP-ARAGON (Respondent); Service Date: 08/27/2020; Service Cost: 82.00; Service Cost Waived: No

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  • 09/02/2020
  • DocketProof of Personal Service; Filed by: TUMBLING WATERS MOBILE HOME PARK, LLC (Petitioner); As to: JERRY FRANKLIN (Respondent); Service Date: 08/27/2020; Service Cost: 82.00; Service Cost Waived: No

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  • 08/11/2020
  • DocketHearing on Petition FOR INJUNCTION TO PREVENT RECURRING MOBILE HOME PARK RULE VIOLATIONS scheduled for 12/15/2020 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 08/11/2020
  • DocketPetition FOR INJUNCTION TO PREVENT RECURRING MOBILE HOME PARK RULE VIOLATIONS; Filed by: TUMBLING WATERS MOBILE HOME PARK, LLC (Petitioner); As to: TAMMY ANNE KNAPP-ARAGON (Respondent); JACQUELINE ANNE YAMADA (Respondent); JAMES KNAPP (Respondent) et al.

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  • 08/11/2020
  • DocketCivil Case Cover Sheet; Filed by: TUMBLING WATERS MOBILE HOME PARK, LLC (Petitioner); As to: TAMMY ANNE KNAPP-ARAGON (Respondent); JACQUELINE ANNE YAMADA (Respondent); JAMES KNAPP (Respondent) et al.

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  • 08/11/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 08/11/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/11/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/11/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP02536    Hearing Date: January 19, 2021    Dept: 25

HEARING DATE: Tue., January 19, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Tumbling Waters Mobile Home Park, LLC v. Knapp-Aragon, et al.

CASE NUMBER: 20STCP02536 PET. FILED: 08-11-20

NOTICE: OK

PROCEEDINGS: PETITION FOR INJUNCTION TO PREVENT RECURRING MOBILEHOME PARK RULE VIOLATIONS

MOVING PARTY: Petitioner Tumbling Waters Mobile Home Park, LLC

RESP. PARTY: None

PERMANENT INJUNCTION

(Civil Code § 798.88)

TENTATIVE RULING:

The Petition for Injunction to Prevent Recurring Mobilehome Park Rule Violations is DENIED.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of January 14, 2021 [ ] Late [X] None

REPLY: None filed as of January 14, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On August 11, 2020, Petitioner Tumbling Waters Mobile Home Park, LLC (“Petitioner”) filed the instant Petition for Injunction to Prevent Recurring Mobilehome Park Rule Violations (the “Petition”) against Respondents Tammy Anne Knapp-Aragon aka Tammy Knapp (“Tammy”), Jacqueline Anne Yamada aka Jackie Yamada (“Jackie”), James Knapp (“James”), Jeremy Knapp (“Jeremy”), Jerry Franklin (“Jerry”), Secorrah Labelle (“Labelle”), and Tumbling Waters Mobile Home Park Homeowners Association (the “HOA”) (collectively, “Respondents”).

To date, no opposition has been filed.

  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. (Id.)

  1. Discussion

Petitioner filed proofs of service demonstrating all Respondents were personally served with the instant Petition.

The Petition is supported by the declaration of Kyle Joffe, the supervising property manager for Petitioner’s mobilehome park located at 1380 N. Citrus Ave., Covina, CA 91722 (the “Park”) and the declaration of Jackie Dior (“Dior”), resident manager of the Park. (Pet., Kyle Joffe, ¶ 1, Dior Decl., ¶ 1.) Both Joffe and Dior work for J&H Asset Property Management, Inc. (“J&H”), which managers the Park. (Id., Joffe Decl., ¶ 5, Exh. 5.)

Petitioner argues Respondents violated Rule 24 of the Park’s Rules and Regulations, which states:

“Except in an emergency, please do not telephone or contact Park Management after normal business hours. The Park’s office phone is for business and emergency use only.

A. Except for emergencies, all complaints must be in writing and signed by the person making the complaint.

B. All community business is conducted during posted business hours.

C. Resident shall not request maintenance personnel to perform jobs for Resident, nor shall Resident give instruction to maintenance personnel. All repair or maintenance requests shall be submitted in writing to park management.”

(Id., Dior Decl., ¶ 3, Exh. 7.)

Petitioner also cites Governor Gavin Newsom’s stay at home order requiring all property management business to be handled remotely or with appropriate social distancing guidelines. (Pet., p. 3:16-23, Attach. 2.)

In her declaration, Dior states (1) that Respondent Tammy is the president of the HOA, (2) that Respondents Tammy, James, Franklin, Jeremy, Labelle, and Jackie broke into the management office on July 26, 2020, (3) that Respondents Tammy and Franklin confronted a J&H employee outside a laundry room regarding “taking over” the Park management office, (4) that Respondent James entered the Park management office before normal business hours and refused to leave until the police were called on July 20, 2020; (4) that Respondent Tammy called the Park management office to demand the keys to the office and clubhouse because “residents own the Park” and (5) that normal business hours are Monday through Friday 9:00 a.m. – 4:00 p.m. (Id., Dior Decl., ¶ 5.)

Petitioner seeks a permanent injunction requiring (1) that, except in an emergency, all Respondents have no in-person or verbal contact (including via electronic devices) with Petitioner’s ownership members, J&H and its management personnel, immediate family members of ownership members, immediate family members of Petitioner’s management personnel; (2) that all communications be in writing and directed to Petitioner’s attorney of record via U.S. mail or fax; (3) that, except in an emergency, Respondents not visit Petitioner’s on-site park management office or attempt to access the office by force or deceit at any time; (4) that Respondents not publish knowingly false information about the ownership of the Park or that the payment of rent is for homeowners association dues; (5) that Respondents not publish knowingly false information about the management authority of J&H or the lawful management of its on-site employees; and (6) that Respondents remove from all common areas in the Park publications by the HOA and/or its officers, agents, and/or employees which contain knowingly false information about the ownership of the Park, the management authority of J&H, J&H’s lawful on-site employees, payment of rent constituting payment of “dues” to the HOA or any other entity that is not the park; and (7) that Respondents be restrained from reposting any publications described above. (Pet., pp. 4:2-5:7.)

The Court declines to issue a permanent injunction. First, it appears that Respondent James does not live at the Park, and thus Petitioner cannot seek an order requiring him to cease violations of the Park’s Rules and Regulations. Second, Petitioner has only identified Rule 24 as being violated. Although it appears that some of the incidents Dior discusses in her declaration occurred outside of normal business hours, Petitioner’s request that Respondents cease all contact with J&H, whether in person, telephone, or electronically in all cases except for emergencies is overly broad and not reasonable. Petitioner has not identified any additional Park rule or regulation violation that would justify the remaining injunction requests.

Thus, the Court finds Petitioner has not satisfied the requirements for a permanent injunction under Civil Code section 798.88.

  1. Conclusion & Order

For the foregoing reasons, the Petition for Injunction to Prevent Recurring Mobilehome Park Rule Violations is DENIED.

Moving party is ordered to give notice.

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