Case Number: 19STCP05665 Hearing Date: March 02, 2020 Dept: 25

PERMANENT INJUNCTION

(CCP § 798.88)

TENTATIVE RULING:

Petition for Permanent Injunction is CONTINUED to MAY 6, 2020, at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

OPPOSITION: Filed on February 20, 2020 [X] Late

REPLY: None filed as of February 27, 2020

ANALYSIS:

Background

On December 31, 2019, Petitioner Summit Mobile Home Community, LLC (“Petitioner”) initiated this action with the instant Petition for Permanent Injunction against Respondents Lior (“Lior”) Shemza and Leona Shemza (“Leona”) (collectively, “Respondents”).

Petitioner moves pursuant to Civil Code section 798.88 for an order enjoining Respondents from continuing to violate the rules of Petitioner’s mobilehome park. Specifically, that Respondents be immediately ordered to remove an unapproved wooden, garage-type structure from the premises. (Pet., p. 6:27-28.)

On February 20, 2020, Respondent Lior, filed a declaration in response to the Petition. To date, no reply brief has been filed.

Legal Standard & Discussion

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.) 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).)

Notice must be delivered personally to the homeowner or deposited in the U.S. mail, postage prepaid, addressed to the homeowner at his or her site within the mobilehome park. (Civ. Code, § 798.14, subd. (a).)

Here, Respondents were personally served with the Petition on February 7, 2020. (2/27/20 Proofs of Service.) Thus, Respondents were given proper notice of the Petition.

The Court notes that it has been unable to locate Respondent Lior’s declaration. The Court is diligently searching for the declaration as it appears it was filed on paper at the Clerk’s window. However, as of this date, it has not yet been made digitally available for the Court’s review.

Thus, the matter is CONTINUED to allow sufficient time to locate and review the document.

Conclusion & Order

For the foregoing reasons, the Petition for Permanent Injunction is CONTINUED to MAY 6, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

Moving party is ordered to give notice.