Petitioner's Petition Re: Judicial Abandonment of Mobile Home
attachment is based; (3) the attachment is not sought for a purpose other than recovery on the claim upon which the attachment is based; and (4) the amount to be secured by the attachment is greater than zero. (Code Civ. Proc., Sec. 484.090(a).)
Alfaro seeks a writ of attachment in the amount of $289,887.55, consisting of an alleged unpaid principal balance of $239,887.55 and estimated allowable attorney fees of $50,000.00. Alfaro further seeks contractual interest accruing at 18 percent per annum and taxable costs of suit. According to Alfaro, Defendant is obligated to pay the foregoing amount for agricultural labor Alfaro performed pursuant to a contract with Defendant. Defendant has not made any payments.
Defendant alleges that Alfaro picked undersized and overripe fruit and tried to cover it up by commingling it with other acceptable fruit. However, Defendant states that it is willing to pay Alfaro after deducting its damages in the amount of $69,558.125. According to Defendant, the amount owed is no more than $170,329.42. Defendant argues the amount owed to Alfaro is not readily ascertainable because the alleged amount of debt is a heavily disputed number.
Here, Defendant appears to concede that it owes Alfaro some amount per the terms of the contract. Defendant states the amount owed is $170,329.42 at most, before further offsets. Defendant's argument that further offsets need to be determined is not persuasive because Defendant has already quantified the amount of damages it sustained. In addition, Defendant's argument that the damages amount cannot be quantified is unsupported by any legal authority. The Court finds Alfaro has met the statutory requirements for issuance of a right to attach order.
CV-26-004126 - GOLDEN HOMESTEAD LLC vs WEBB, GLENN - Petitioner's Petition Re: Judicial Abandonment of Mobile Home - HEARING REQUIRED.
On April 22, 2026, Petitioner filed a petition for judicial declaration of abandonment. The petition is unopposed. The Court will hold a hearing on the petition. The Court is inclined to GRANT the unopposed petition and enter a judgment of abandonment, award damages in the amount of $24.50 per day from June 1, 2024 to the date of judgment, and award reasonable attorney's fees and costs. Moving party to submit a proposed order and a declaration detailing its request for costs and fees order within five court days of this ruling.
"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. For purposes of this subdivision, an interest in the mobilehome shall be established by evidence of a right to possession of the mobilehome or a security or ownership interest in the mobilehome." (Civ. Code, Sec. 798.61.)
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The petition concerns a mobile home located at the following address: 2513 Don Pedro Road Space #23, Ceres, California, 95307. The petition avers that Respondents Glenn and Shirley Webb ("Respondents") were the last known occupants of the mobile home; Respondents failed to pay rent for at least 60 days; Petitioner believes that Respondents are the legal owners of the mobile home; the mobile home is unoccupied and appears to be abandoned; and that the fair rental value for the mobile home space is the amount of $24.50 per day from June 1, 2024 to the date of judgment. The petition prays for the following relief: a judicial declaration of abandonment; damages in the sum of $24.50 per day from June 1, 2024 to the date of judgment; reasonable attorney's fees and costs; and, an order that Petitioner may dispose of the mobile home.
The following are the tentative rulings for cases calendared before Judge Clifford Tong in Department 23:
CV-22-003528 - KINGSLEY, ANDREW ROBERT vs WYNDHAM HOTEL MANAGEMENT INC - Defendant's Motion to Quash Service of Summons and to Dismiss Defendants for Untimely Service - GRANTED, and unopposed.
Defendants, as the moving parties, have demonstrated entitlement to dismissal of the action against them based on Plaintiff's failure to serve them within 3 years of the filing of his Complaint. Under the circumstances, dismissal