Search

Attributes

This case was last updated from Los Angeles County Superior Courts on 05/14/2021 at 04:30:28 (UTC).

WESTMONT CORPORATION, A CALIFORNIA CORPORATION VS MARTIN HOLGUIN, ET AL.

Case Summary

On 10/16/2019 WESTMONT CORPORATION, A CALIFORNIA CORPORATION filed an Other lawsuit against MARTIN HOLGUIN. 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:

    *******4477

  • Filing Date:

    10/16/2019

  • 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

WESTMONT CORPORATION A CALIFORNIA CORPORATION DBA WILDWOOD MOBILE COUNTRY CLUB

Respondents

HOLGUIN MARTIN

HOLGUIN SYLVIA

Attorney/Law Firm Details

Petitioner Attorney

WEAVER LARRY WAYNE

 

Court Documents

Request for Dismissal - Request for Dismissal

5/6/2021: Request for Dismissal - Request for Dismissal

Minute Order - Minute Order (Hearing on Petition Petition for Declaration of Abandonment o...)

3/9/2021: Minute Order - Minute Order (Hearing on Petition Petition for Declaration of Abandonment o...)

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

1/15/2021: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice of Continuance

6/23/2020: Notice (name extension) - Notice of Continuance

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

4/27/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Declaration (name extension) - Declaration Declaration of Alberto Lemus in Support of Default Judgment of Abandonment (Civ. Code, Section 798.61)

1/27/2020: Declaration (name extension) - Declaration Declaration of Alberto Lemus in Support of Default Judgment of Abandonment (Civ. Code, Section 798.61)

Proof of Service by Mail - Proof of Service by Mail

1/27/2020: Proof of Service by Mail - Proof of Service by Mail

Minute Order - Minute Order (Hearing on Petition Petition for Declaration of Abandonment o...)

2/19/2020: Minute Order - Minute Order (Hearing on Petition Petition for Declaration of Abandonment o...)

Notice (name extension) - Notice of Change of Address or Other Contact Information

2/24/2020: Notice (name extension) - Notice of Change of Address or Other Contact Information

Notice (name extension) - Notice Notice of Continuance

2/24/2020: Notice (name extension) - Notice Notice of Continuance

Notice (name extension) - Notice of Continuance

2/28/2020: Notice (name extension) - Notice of Continuance

Proof of Service by Mail - Proof of Service by Mail

2/28/2020: Proof of Service by Mail - Proof of Service by Mail

Proof of Service by Mail - Proof of Service by Mail

2/28/2020: Proof of Service by Mail - Proof of Service by Mail

Proof of Service by Mail - Proof of Service by Mail

11/15/2019: Proof of Service by Mail - Proof of Service by Mail

Proof of Service by Mail - Proof of Service by Mail

10/25/2019: Proof of Service by Mail - Proof of Service by Mail

Notice of Hearing on Petition - Notice of Hearing on Petition

10/16/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

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

10/16/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

10/16/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

15 More Documents Available

 

Docket Entries

  • 05/07/2021
  • DocketHearing on Petition Petition for Declaration of Abandonment of a Mobilehome (Civil Code Section 798.61) scheduled for 05/12/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 05/07/2021

    Read MoreRead Less
  • 05/06/2021
  • DocketOn the Petition filed by Westmont Corporation, a California Corporation on 10/16/2019, entered Request for Dismissal without prejudice filed by Westmont Corporation, a California Corporation as to the entire action

    Read MoreRead Less
  • 05/06/2021
  • DocketAddress for Larry Wayne Weaver (Attorney) null

    Read MoreRead Less
  • 03/15/2021
  • DocketNotice of Continuance of Hearing; Filed by: Westmont Corporation, a California Corporation (Petitioner); As to: Martin Holguin (Respondent); Sylvia Holguin (Respondent)

    Read MoreRead Less
  • 03/09/2021
  • DocketMinute Order (Hearing on Petition Petition for Declaration of Abandonment o...)

    Read MoreRead Less
  • 03/09/2021
  • DocketOn the Court's own motion, Hearing on Petition Petition for Declaration of Abandonment of a Mobilehome (Civil Code Section 798.61) scheduled for 03/09/2021 at 11:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 05/12/2021 10:30 AM

    Read MoreRead Less
  • 01/15/2021
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

    Read MoreRead Less
  • 01/15/2021
  • DocketThere being no judge available this date, Hearing on Petition Petition for Declaration of Abandonment of a Mobilehome (Civil Code Section 798.61) scheduled for 01/20/2021 at 11:00 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 03/09/2021 11:00 AM

    Read MoreRead Less
  • 01/12/2021
  • DocketMemorandum of Points and Authorities; and Declaration of Alberto Lemus in Support of Granting Judgment of Abandonment; Filed by: Westmont Corporation, a California Corporation (Petitioner)

    Read MoreRead Less
  • 12/10/2020
  • DocketNotice of Continuance; Filed by: Westmont Corporation, a California Corporation (Petitioner); As to: Martin Holguin (Respondent); Sylvia Holguin (Respondent)

    Read MoreRead Less
18 More Docket Entries
  • 10/25/2019
  • DocketProof of Service by Mail; Filed by: Westmont Corporation, a California Corporation (Petitioner); As to: Sylvia Holguin (Respondent)

    Read MoreRead Less
  • 10/25/2019
  • DocketProof of Service by Mail; Filed by: Westmont Corporation, a California Corporation (Petitioner); As to: Martin Holguin (Respondent)

    Read MoreRead Less
  • 10/17/2019
  • DocketHearing on Petition Petition for Declaration of Abandonment of a Mobilehome (Civil Code Section 798.61) scheduled for 02/19/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 10/17/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 10/16/2019
  • DocketPetition Petition for Declaration of Abandonment of a Mobilehome (Civil Code Section 798.61); Filed by: Westmont Corporation, a California Corporation (Petitioner); As to: Martin Holguin (Respondent); Sylvia Holguin (Respondent)

    Read MoreRead Less
  • 10/16/2019
  • DocketCivil Case Cover Sheet; Filed by: Westmont Corporation, a California Corporation (Petitioner); As to: Martin Holguin (Respondent); Sylvia Holguin (Respondent)

    Read MoreRead Less
  • 10/16/2019
  • DocketNotice Notice of Filing Petition for Declaration of Abandonment of a Mobilehome (Civil Code Section 798.61); Filed by: Westmont Corporation, a California Corporation (Petitioner); As to: Martin Holguin (Respondent); Sylvia Holguin (Respondent)

    Read MoreRead Less
  • 10/16/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

    Read MoreRead Less
  • 10/16/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 10/16/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less

Tentative Rulings

Case Number: 19STCP04477    Hearing Date: March 9, 2021    Dept: 25

HEARING DATE: Tue., March 9, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Westmont Corp. v. Holguin, et al. PET. FILED: 10-16-19

CASE NUMBER: 19STCP04477

NOTICE: OK

PROCEEDINGS: PETITION TO DECLARE MOBILEHOME ABANDONED

MOVING PARTY: Petitioner Westmont Corporation dba Wildwood Mobile Country Club

RESP. PARTY: None

PETITION TO DECLARE MOBILEHOME ABANDONED

(Civ. Code § 798.61 )

TENTATIVE RULING:

Petitioner Westmont Corporation dba Wildwood Mobile Country Club’s Petition is the Petition is GRANTED ON THE CONDITION THAT, before the hearing, Petitioner files a proof of service demonstrating Respondents and the registered owners were served with notice of the Court’s January 15 continuance and of this hearing.

Otherwise, the Petition will be CONTINUED to MAY 12, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE and Petitioner will be ordered to give adequate notice.

SERVICE:

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

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

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

OPPOSITION: None filed as of March 5, 2021 [ ] Late [X] None

REPLY: None filed as of March 5, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On October 16, 2019, Petitioner Westmont Corporation dba Wildwood Mobile Country Club (“Petitioner”) filed the instant Petition to Declare Mobilehome Abandoned (the “Petition”) against Respondents Martin Holguin and Sylvia Holguin (collectively, “Respondents”). Pursuant to Civil Code section 798.61, Petitioner seeks a court order deeming Respondents’ mobilehome, located on Space No. 143 (the “Mobilehome”) at 901 South 6th Avenue, Hacienda Heights, CA 91745 (the “Park”), to be abandoned, awarding Petitioner rent and other charges due on the Mobilehome site, and granting attorney’s fees and costs.

At the initial February 19, 2020 hearing, the Court found Petitioner demonstrated the Mobilehome was abandoned within the meaning of Civil Code section 798.61, subdivision (a)(1), that Petitioner properly served the notice of belief of abandonment, that the Petition was timely filed more than 30 days after the notice of belief of abandonment was posted and served, and that copies of the Petition were properly served via certified mail, return receipt requested, on the registered owners, Teresa Holguin and Daniel Holguin, Sr. (2/19/20 Minute Order.)

However, the Petition was served on Respondents by posting and via first-class mail only. (Id.) The Court noted that Civil Code section 798.61, subdivision (c), requires that the Petition be served by registered or certified mail with return receipt requested. (Id.) For this reason, the matter was continued to April 30, 2020 and Petitioner was ordered to file an amended proof of service demonstrating the Petition was served on Respondents in accordance with Section 798.61, subdivision (c). (Id.) Petitioner did not appear at the February 19 hearing, but did submit to the Court’s ruling via email. (Id.)

Due to the COVID-19 pandemic court closures, the hearing was continued to December 17, 2020. (4/27/20 Notice re: Continuance of Hearing and Order.) The hearing was continued once more to January 20, 2021. (12/4/20 Notice re: Continuance of Hearing and Order.) Lastly, the hearing was continued to March 9, 2021 at 11:00 a.m. (1/15/21 Notice re: Continuance of Hearing and Order.) Petitioner was ordered to give notice of the continuance. (Id.)

  1. Legal Standard & Discussion

A. Petition for Judicial Declaration—Civ. Code § 798.61(c)

Civil Code section 798.61, subdivision (c)(1) states:

“Thirty or more days following posting pursuant to subdivision (b), the management may file a petition in the superior court in the county in which the mobilehome park is located, for a judicial declaration of abandonment of the mobilehome. A proceeding under this subdivision is a limited civil case. Copies of the petition shall be served upon the homeowner, any known registered owner, and any known person having a lien or security interest of record in the mobilehome by posting a copy on the mobilehome and mailing copies to those persons at their last known addresses by registered or certified mail with a return receipt requested in the United States mail, postage prepaid.”

On February 28, 2020, Petitioner filed amended proofs of service demonstrating the Petition was served on Respondents via both first-class and certified mail, return receipt requested, on October 23, 2019. (2/28/20 Proofs of Service.) Thus, Petitioner has now satisfied the service requirements of Section 798.61, subdivision (c).)

B. Attorney’s Fees and Costs

Civil Code section 798.61, subdivision (d)(2) states:

“If, at the hearing, the petitioner shows by a preponderance of the evidence that the criteria for an abandoned mobilehome has been satisfied and no party establishes an interest therein at the hearing and tenders all past due rent and other charges, the court shall enter a judgment of abandonment, determine the amount of charges to which the petitioner is entitled, and award attorney's fees and costs to the petitioner.”

Alberto Lemus (“Lemus”), the Park’s on-site manager, filed a supplemental declaration on January 12, 2021. Therein, he states that the total past due rent and other charges equal $19,750.72, which includes past due rent/storage charges of $19,069.40, utilities of $397.34, sewer charges of $22.80, trash collection charges of $82.98, and courtesy patrol charges of $175.20. (1/12/21 Supp. Lemus Decl., ¶ 10.) In addition, Petitioner has incurred $1,000.00 in attorney’s fees and $539.51 in costs. (Mot., Lemus Decl., ¶ 21.)

Thus, Petitioner is entitled to a judgment of $19,750.72 in past due charges plus $1,539.51 in attorney’s fees and costs.

C. Notice of Continued Hearing

Although the Court is inclined to grant the Petition, Petitioner did not file a proof of service demonstrating it gave Respondents and the registered owners proper notice of the Court’s January 15 continuance setting today’s hearing. However, in the interest of judicial economy, the Petition is GRANTED ON THE CONDITION THAT, before the hearing, Petitioner files a proof of service demonstrating it gave adequate notice of the Court’s January 15 continuance. Otherwise, the matter will be CONTINUED.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Westmont Corporation dba Wildwood Mobile Country Club’s Petition is the Petition is GRANTED ON THE CONDITION THAT, before the hearing, Petitioner files a proof of service demonstrating Respondents and the registered owners were served with notice of the Court’s January 15 continuance and of this hearing.

Otherwise, the Petition will be CONTINUED to MAY 12, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE and Petitioner will be ordered to give adequate notice.

Moving party is ordered to give notice.

Case Number: 19STCP04477    Hearing Date: February 19, 2020    Dept: 25

PETITION TO DECLARE MOBILEHOME ABANDONED

(Civ. Code § 798.61 )

TENTATIVE RULING:

Petitioner Westmont Corporation dba Wildwood Mobile Country Club’s Petition is CONTINUED TO APRIL 30, 2020, at 10:30 a.m. in Department 25, SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner is ordered to file supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Petition being placed off calendar or denied.

ANALYSIS:

  1. Background

On October 16, 2019, Petitioner Westmont Corporation dba Wildwood Mobile Country Club (“Petitioner”) filed the instant Petition to Declare Mobilehome Abandoned (the “Petition”) against Respondents Martin Holguin and Sylvia Holguin (collectively, “Respondents”). Pursuant to Civil Code section 798.61, Petitioner seeks a court order deeming Respondents’ mobilehome, located on Space No. 143 (the “Mobilehome”) at 901 South 6th Avenue, Hacienda Heights, CA 91745 (the “Park”), to be abandoned, awarding Petitioner rent and other charges due on the Mobilehome site, and granting attorney’s fees and costs.

  1. Legal Standard & Discussion

  1. Determination of “Abandoned Mobilehome”—Civ. Code § 798.61(a)(1)

Pursuant to Civil Code, section 798.61, subdivision (a)(1), an “‘abandoned mobilehome’ means a mobilehome about which all of the following are true:

(A) It is located in a mobilehome park on a site for which no rent has been paid to the management for the preceding 60 days.

(B) It is unoccupied.

(C) A reasonable person would believe it to be abandoned.

(D) It is not permanently affixed to the land.”

Regarding the above requirements, Petitioner submits the declaration of Alberto Lemus (“Lemus”), the on-site manager for the Park. Therein, he states that no rent has been paid to Petitioner for the preceding 60 days, that the Mobilehome is unoccupied, that a reasonable person would believe the Mobilehome to be abandoned, and that the Mobilehome is not affixed to the land. (Mot., Lemus Decl., ¶ 11.) Thus, Petitioner has demonstrated that the Mobilehome is abandoned within the meaning of Civil Code section 798.61, subdivision (a)(1).

B. Notice of Belief of Abandonment—Civ. Code § 798.61(b)

Civil Code, section 798.61, subdivision (b) requires:

After determining a mobilehome in a mobilehome park to be an abandoned mobilehome, the management shall post a notice of belief of abandonment on the mobilehome for not less than 30 days, and shall deposit copies of the notice in the United States mail, postage prepaid, addressed to the homeowner at the last known address and to any known registered owner, if different from the homeowner, and to any known holder of a security interest in the abandoned mobilehome. This notice shall be mailed by registered or certified mail with a return receipt requested.”

Petitioner attaches a Notice of Belief of Abandonment to the Petition and proof that it was served by posting on the Mobilehome and by certified mail, return receipt requested, to the last known address of Respondents on September 12, 2019. (Mot., Lemus Decl., ¶¶ 12-13, Exhs. C & D.) Petitioner also served the Notice of Belief of Abandonment on Teresa Hogluin and Daniel Holguin, Sr., the registered owners of the Mobilehome, by certified mail, return receipt requested, on the same date. (Id. and Exh. B.) Thus, Petitioner has satisfied the requirements of Civil Code, section 798.61, subdivision (b).

C. Petition for Judicial Declaration—Civ. Code § 798.61(c)

Civil Code section 798.61, subdivision (c)(1) states:

“Thirty or more days following posting pursuant to subdivision (b), the management may file a petition in the superior court in the county in which the mobilehome park is located, for a judicial declaration of abandonment of the mobilehome. A proceeding under this subdivision is a limited civil case. Copies of the petition shall be served upon the homeowner, any known registered owner, and any known person having a lien or security interest of record in the mobilehome by posting a copy on the mobilehome and mailing copies to those persons at their last known addresses by registered or certified mail with a return receipt requested in the United States mail, postage prepaid.”

The Petition was timely filed more than 30 days after the Notice of Belief of Abandonment was posted, as required by Civil Code section 798.61, subdivision (c)(1). Copies of the Petition were served on registered owners Teresa Holguin and Daniel Holguin, Sr. by first class mail and certified mail, return receipt requested, on November 14, 2019. (11/15/19 Proof of Service.) However, Respondents were served with the Petition by positing a copy of the Petition and by first class mail. (10/25/19 Proofs of Service.) As Civil Code section 798.61, subdivision (c)(1) requires that the Petition be served by registered or certified mail with return receipt requested, the requirements for the Petition have not been met. Accordingly, Petitioner is ordered to file an amended proof of service demonstrating the Petition was served on Respondents in accordance with Civil Code section 798.61.

  1. Conclusion & Order

For the foregoing reasons, the Petition is CONTINUED TO APRIL 30, 2020 at 10:30 a.m. in Department 25,SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner is ordered to file supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Petition being placed off calendar or denied.

Moving party is ordered to give notice.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where WESTMONT CORPORAITON is a litigant

Latest cases represented by Lawyer WEAVER LARRY WAYNE