Marlow
Marlow v. Campbell
Opinion
Opinion
Sparks, J.
Defendant Kenneth L. Campbell appeals in propria persona from a judgment granting a petition to declare a mobilehome abandoned. (Civ. Code, § 798.61.) Defendant contends that the superior court lacked jurisdiction to enter a judgment of abandonment. We agree and shall reverse.
Factual and Procedural Background
Defendant has not caused a reporter’s transcript to be prepared and filed in this case. The usual appellate disabilities which flow from this defect do not apply here because the jurisdictional defect is apparent from the face of the critical documents in the clerk’s transcript.
As disclosed by that transcript, on June 6, 1991, plaintiffs John and Marianne Marlow filed a petition under the Mobilehome Residency Law (Civ. Code, § 798 et seq.) in the superior court against defendant and one Grace Olds seeking a judgment declaring a mobilehome had been abandoned. (Civ. Code, 798.61.) Plaintiffs alleged that they were the owners of Mountain Air Mobile Park, a mobilehome park in Grass Valley. They further alleged that defendant and Olds were joint owners of a mobilehome occupying a site in the park. On August 15, 1987, the averments continue, plaintiffs entered into a…