Judge: Colin Leis, Case: 19GDCP00356, Date: 2022-08-26 Tentative Ruling

Case Number: 19GDCP00356    Hearing Date: August 26, 2022    Dept: 3

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES – NORTHEAST DISTRICT

DEPARTMENT 3

MOVING PARTY:                Petitioner City of Bradbury

RESPONDING PARTY:       N/A

Motion for Approval of the Receiver’s Final Report and Accounting; Approval of the Receiver’s Final Claim to Fees and Costs; Exoneration of the Undertaking; and for Discharge of the Receiver upon Payment of the Final Amount Due

The court considered the moving papers filed in connection with this motion. No opposition to the motion was filed.

BACKGROUND

            Petitioner City of Bradbury filed this Receivership Petition on August 27, 2019 against Respondent Zhongying USA Capitals Inc. By way of the petition, Petitioner seeks the appointment of a receiver over the real property located at 243 Barranca Road, Bradbury, California (the “Subject Property”). Respondent is the owner of the Subject Property.

            On September 18, 2019, the court issued an order nunc pro tunc appointing GS Strategies, Inc. (“Receiver”) as receiver of the Subject Property to develop a plan for and supervise the abatement of the nuisance conditions at the Subject Property pursuant to Health and Safety Code section 17980.7 (the “Appointment Order”).

            The remediation work was completed on October 22, 2020. (Randolph Decl., ¶ 6.) The court approved the Receiver’s first, second, third, and fourth requests for interim fees and costs, and Petitioner’s first, second, and third requests for interim fees and costs. (Randolph Decl. ¶ 7.) The Receiver has completed all tasks pursuant to the Appointment Order. (Randolph Decl., ¶ 8.)

            The Receiver now moves to discharge the Receiver upon Respondent’s payment of the balance of the Receiver’s fees and expenses.

DISCUSSION

Health and Safety Code section 17980.7, subdivision (c)(9) provides that “[t]he receiver shall be discharged when the conditions cited in the notice of violation have been remedied in accordance with the court order or judgment and a complete accounting of all costs and repairs has been delivered to the court.”

The court finds that the Receiver has established good cause to be discharged. The Receiver has submitted an accounting for the period January 1, 2022 through June 30, 2022. (Randolph Decl., ¶ 12, Ex. 2.) The Receiver also anticipates incurring no more than $10,000 from and after July 1, 2022 to close out the receivership. (Randolph Decl., ¶ 13.)

CONCLUSION

Based on the foregoing, the court grants the motion to discharge the Receiver. The court will sign the proposed order submitted by the Receiver.

Petitioner is ordered to give notice of this ruling.

IT IS SO ORDERED.

DATED:  August 26, 2022

_____________________________

Colin Leis

Judge of the Superior Court