Judge: Carolyn M. Caietti, Case: 37-2021-00024423-CU-FR-CTL, Date: 2024-04-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - April 25, 2024

04/26/2024  01:30:00 PM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Fraud Motion Hearing (Civil) 37-2021-00024423-CU-FR-CTL JANKE VS PHG ENGINEERING SERVICES LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 01/26/2024

Receiver Invenz, Inc.'s Motion for Approval of Final Accounting, Ratification and Discharge of Receiver, Exoneration of Receiver's and Plaintiffs' Bond and Related Relief is GRANTED.

As background, on August 5, 2021, the Court appointed the Receiver. (ROA 75.) After filing 27 interim reports, the Receiver now seeks to close the receivership estate. As of January 22, 2024, the Receivership Estate had $732,383.01 in bank accounts under the Receiver's control, which is $700,811.13 more than when the Receivership began. This current balance is after payment of the Receiver's fees and expenses and those of its Counsel for the period from August 5, 2021to October 31, 2023.

The Court finds all parties to this case have been notified of the application and hearing (ROA 445 – Declaration of Danielle Mayer); that the Receiver fully and accurately accounted for all of the receivership property; and the application for confirmation of the final report and discharge should be approved.

None of the parties opposed this motion. The Court agrees with Attorney Kipperman that the balance of the funds on hand should go to the Court or an independent escrow service. The Court will discuss with the parties on how to proceed.

The Receiver's Final Report is approved.

The Receiver's Final Accounting is approved.

The preliminary injunction issued in connection with the appointment of the Receiver is dissolved.

The Receiver is discharged. The Receiver's bond is exonerated. The receivership is terminated.

Concluding Orders The Court will discuss the transfer of the balance of the funds with the parties.

The Court will: (i) make any modifications regarding the transfer of the balance of funds; and (ii) sign the proposed order. (ROA 443.) That order will be the Court's final ruling on the motion.

The Receiver is ordered to serve written notice of the Court's signed order on all parties within five days Calendar No.: Event ID:  TENTATIVE RULINGS

3105638  49 CASE NUMBER: CASE TITLE:  JANKE VS PHG ENGINEERING SERVICES LLC [IMAGED]  37-2021-00024423-CU-FR-CTL of its receipt of the signed order.

The parties are reminded to comply with Department 70's Policies and Procedures and to provide courtesy copies of motion briefing.

Calendar No.: Event ID:  TENTATIVE RULINGS

3105638  49