This case was last updated from Los Angeles County Superior Courts on 07/30/2020 at 08:19:36 (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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4477

  • Filing Date:

    10/16/2019

  • 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

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

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

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

11/15/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

Petition (name extension) - Petition Petition for Declaration of Abandonment of a Mobilehome (Civil Code Section 798.61)

10/16/2019: Petition (name extension) - Petition Petition for Declaration of Abandonment of a Mobilehome (Civil Code Section 798.61)

First Amended Standing Order - First Amended Standing Order

10/16/2019: First Amended Standing Order - First Amended Standing Order

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

8 More Documents Available

 

Docket Entries

  • 12/17/2020
  • Hearing12/17/2020 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Petition (name extension)

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  • 06/23/2020
  • DocketNotice of Continuance; Filed by: Westmont Corporation, a California Corporation (Petitioner); As to: Martin Holguin (Respondent); Sylvia Holguin (Respondent)

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  • 04/27/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/27/2020
  • DocketOn the Court's own motion, Hearing on Petition Petition for Declaration of Abandonment of a Mobilehome (Civil Code Section 798.61) scheduled for 04/30/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 12/17/2020 09:30 AM

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  • 03/03/2020
  • DocketOn the Court's own motion, Hearing on Petition Petition for Declaration of Abandonment of a Mobilehome (Civil Code Section 798.61) scheduled for 02/19/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 04/30/2020 10:30 AM

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  • 02/28/2020
  • DocketProof of Service by Mail; Filed by: Westmont Corporation, a California Corporation (Petitioner); As to: Martin Holguin (Respondent); Sylvia Holguin (Respondent)

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  • 02/28/2020
  • DocketProof of Service by Mail; Filed by: Westmont Corporation, a California Corporation (Petitioner)

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  • 02/28/2020
  • DocketNotice of Continuance; Filed by: Westmont Corporation, a California Corporation (Petitioner); As to: Martin Holguin (Respondent); Sylvia Holguin (Respondent)

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  • 02/24/2020
  • DocketNotice Notice of Continuance; Filed by: Westmont Corporation, a California Corporation (Petitioner); As to: Martin Holguin (Respondent); Sylvia Holguin (Respondent)

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  • 02/24/2020
  • DocketNotice of Change of Address or Other Contact Information; Filed by: Westmont Corporation, a California Corporation (Petitioner); As to: Martin Holguin (Respondent); Sylvia Holguin (Respondent)

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

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

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  • 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

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

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

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

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

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  • 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)

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

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  • 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)

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Tentative Rulings

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.