Judge Christian R. Gullon, Case Number: 23PSCP00264, Date: 2023-07-12 Tentative Ruling

Judge: Christian R. Gullon, Case: 23PSCP00264, Date: 2023-07-12 Tentative Ruling

SUBSTANDARD BUILDING AND APPOINTMENT OF RECEIVER is GRANTED, effective upon proof of service of notice of the hearing.[1]

This is a receivership petition. The City of West Covina (the “City”) alleges the following against LEO STAVINSKY and BETTY STAVINSKY (collectively, “Respondents” or “Defendants”): Beginning in March of 2020 and continuing through to this day, the City has performed several inspections of the property located at 2516 E. Walnut Creek Parkway in the city of West Covina (“Subject Property”) and issued the Owners several notices of violations, administrative citations and notices to appear at office conference letters, but Defendants have failed to appear and remediate the violations.

“A receiver may be appointed, in the manner provided in this chapter, by the court in which an action or proceeding is pending in any case in which the court is empowered by law to appoint a receiver.” (Code Civ. Proc., § 564, subd. (a).)

The Health and Safety Code authorizes the court to appoint a receiver to oversee the rehabilitation of properties deemed to be substandard if the property owner fails to comply with an order or notice issued by a local agency pursuant to section 17980.6. Health and Safety Code section 17980.6 states, in pertinent part, the following: If any building is maintained in a manner that violates any provisions of this part, the building standards published in the State Building Standards Code relating to the provisions…, any other rule or regulation adopted pursuant to the provisions of this part, or any provision in the local ordinance that is similar…, and the violations are so extensive and of such a nature that the health and safety of residents or the public is substantially endangered, the enforcement agency may issue an order or notice to repair or abate pursuant to this part. Additionally, Health and Safety Code section 17980.7(c) states in relevant part the following: If the owner fails to comply within a reasonable time with the terms of the order or notice issued pursuant to section 17980.6, the following provisions shall apply: (c) …the enforcement agency…may seek and the court may order, the appointment of a receiver for the substandard building pursuant to this subdivision. Furthermore, the Health and Safety Code states that the court “…shall consider whether the owner has been afforded a reasonable opportunity to correct the conditions cited in the notice of violation.” (Health & Safety Code § 17980.7(c)(1); see also City of Crescent City v. Reddy (2017) 9 Cal.App.5th 458, 466 [the circumstances which constitute a “reasonable opportunity” was addressed.].)

Here, the Property has been the subject of the City’s code enforcement efforts for more than three (3) years. The unlawful, dangerous and substandard conditions on the Subject Property constitute an immediate threat to the health, life, and safety of any occupants, nearby residents and the public, include the following:

-        overgrown and unkempt landscaping

-        inoperable vehicles were stored on the driveway

-        trash and debris throughout exterior of property

-        exterior of the residence is a structural hazard with dilapidated, poorly maintained, exterior lumbar walls damaged by weather and termites, missing and broken windows, broken screen door, deteriorating roof and roof shingles, deteriorating paint and no weather protection for outdoor electrical panels

-        inspection of the interior of the residence revealed that the bedrooms, hallways and floors are covered with trash, debris piled several feet high, including broken furniture scattered about, unsanitary bathrooms with lack of running hot and cold water, with mold observed in the bathroom.

-        kitchen is highly unsanitary with trash everywhere, no running hot/cold water and observed mold in the kitchen, in particular on the door of the refrigerator. (

-        The laundry room, including the washing machine/dryer are covered with trash and junk

-        the garage is filled with piles of junk, trash and debris to the ceiling

(See generally Petition; see also generally Code Decl. [Code Enforcement Manager for the City of West Covina]; see also Code Decl., Ex. K, pp. 95-111 of PDF [photos of violations].)

To date, all the violations still exist. (Petition p. 6.) “In particular, the hoarding of junk, trash and debris presents a life safety risk to any occupants because such conditions are unsanitary and create a risk of collapse of the junk piles and block necessary routes of egress during a fire or other emergency.” (Petition p. 6:20-23.)

Therefore, the facts presented in this Petition and the numerous violations of law cited in the Notice to Abate demonstrated that the Subject Property is “substandard” within the meaning of Health and Safety Code section 17920.3.

As for notice requirements, the City posted the Notice to Abate and the Owners (or anyone else responsible for the Subject Property) have failed to take any corrective action, to abate any of the violations or obtain any permits to bring the Subject Property into full compliance with the law. (Petition p. 10.)

As for compliance, efforts by the City’s Code Enforcement Department to gain voluntary compliance with respect to abatement of these violations have been unsuccessful as the owners are either unable or unwilling to voluntarily bring the Subject Property into compliance with the law and no one else responsible for the Subject property has complied.

Thus, the court finds it necessary to grant the petition for a receiver. The City requests the appointment of Richardson C. Griswold and has provided the court with a declaration from proposed receiver attesting as to his qualifications and hourly rate.

[1] Exhibits 3 and 4 of Lois Moy’s declaration only provide POS of the Notices of Intent, not of the hearing on this petition.

[2] A proposed order appointing a receiver has been filed.