Judge: Donald F. Gaffney, Case: City of Garden Grove v. Rodriguez, Date: 2022-09-14 Tentative Ruling
Motion for Authorization to List Property for Sale
Court Appointed Receiver Richardson Griswold moves for authorization to list the property for sale. For the following reasons, the unopposed motion is DENIED without prejudice.
On 05/04/2022, this court denied without prejudice the Receiver’s earlier motion for authorization to sell, finding the Receiver had not sufficiently provided Defendant and property owner Rodriguez sufficient notice of the motion. The court noted specifically that: “Because Defendant has not appeared in this action and given the nature of the relief sought, the Receiver was required to serve the moving papers in the same manner as a summons.”
Here, the Receiver did not serve the moving papers in the same manner as a summons, instead choosing to serve the papers by mail--without any acknowledgment of receipt. The Receiver does not explain or address why such mail service is sufficient.
Receiver to give notice.