Judge: Carolyn M. Caietti, Case: 37-2021-00049362-CU-BC-CTL, Date: 2024-04-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 11, 2024

04/12/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2021-00049362-CU-BC-CTL SMET VENTURES LLC VS NUMBERS EVENT WAGERING LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Receiver Ronald E. Stadtmueller's unopposed Motion for an Order: (1) Approving Receiver's Final Report; (2) Approving Receiver's Final Accounting; (3) Approving Receiver's Final Fee Request and that of Receiver's Attorney; (4) Directing Payment of Fees and Costs of Receiver and Receiver's Attorney; and (5) Discharging Receiver and Receiver's Surety; Exoneration of Receiver's Bond, and Terminating Receivership is GRANTED.

As background, on February 7, 2023, the Court appointed a receiver. (ROA 49.) On March 28, 2023, the Court authorized the receiver to retain and employ an attorney. (ROA 64.) On June 7, 2023, the Court set a sale date and approved procedures for the sale of property. (ROA 72.) On July 10, 2023, the auction as set forth in the Sale Procedure Order occurred. No overbidders appeared and no parties qualified or attempted to qualify as overbidders for bidding at the auction. The sale was confirmed to SMET Ventures, LLC. On July 14, 2023, the Court approved the sale of the property of the receivership estate. (ROA 82.) On August 2, 2023, Plaintiffs/Creditors filed an Acknowledgment of Satisfaction of (Partial) Judgment in the amount of $50,000. (ROA 83.) On January 8, 2024, the Receiver filed this motion and its Report of Receiver, including: (1) Receiver's Final Report; (2) Receiver's Final Accounting; (3) Final Fee Request of Receiver and Receiver's Attorney; (4) Request for Order Directing Payment of Fees and Costs of Receiver and Receiver's Attorney; and (5) Request for Order Discharging Receiver and Receiver's Surety, Exoneration of Receiver's Bond and Terminating Receivership. (ROA 93.) The Court finds all parties to this case have been notified of the application and hearing (ROA 96); 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.

The Receiver's Final Report is approved.

The Receiver's Final Accounting is approved.

The Receiver's Final Fee Request in the amount of $5,407.38, inclusive of costs/expenses, plus $500 in fees and costs that may be incurred after the date of the Final Report, is approved.

The fee request by the Receiver's attorney, Kit James Gardner of the Law Offices of Kit J. Gardner, in the total amount of $14,866.93, inclusive of costs/expenses, plus up to $500 in fees and costs that may be incurred after the date of the Final Report, is approved.

Calendar No.: Event ID:  TENTATIVE RULINGS

3014992  54 CASE NUMBER: CASE TITLE:  SMET VENTURES LLC VS NUMBERS EVENT WAGERING LLC  37-2021-00049362-CU-BC-CTL Plaintiffs are directed to pay the foregoing fees and costs/expenses of the Receiver and the Receiver's Attorney.

The Receiver and the Receiver's surety are discharged. The Receiver's bond is exonerated. The receivership is terminated.

Concluding Orders The Court will sign the proposed order. (ROA 95.) 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 by April 16, 2024.

Calendar No.: Event ID:  TENTATIVE RULINGS

3014992  54