Superior Court of California 

County of Los Angeles – West District  

Beverly Hills Courthouse / Department 205 

 

 

BACKGROUND 

This case involves property located at 23320 Dale Road, in Calabasas, California (the “Property”).  The Property was previously owned by Decedent Robert Garner Hahn, Jr. and is now owned by Respondent Sarah Baisley. 

In March 2010, Petitioner the City of Calabasas (“the City”) received a complaint that raw sewage had been overflowing from a septic system and discharging on the hillside near the Property. (Cohen Decl., ¶ 8.)  A limited inspection by City staff confirmed the overflow of raw sewage, and food waste from prior discharges could be seen.  (Cohen Deel. ¶ 8.)  

The inspection also revealed a three-level structure built into and up the steep hillside of the Property. (Cohen Decl. ¶ 9.)  A subsequent review of building records showed that a 576 square foot cabin had been constructed on the Property.  No permits were found for any of the alterations, additions and grading that converted the cabin into a three-level structure.  Further, there was no operating permit for the septic system. (Cohen Decl. ¶ 10.)  

The septic system consisted of two adjacent cesspools; untreated sewage was seen discharging to the ground surface, and raw sewage spilled over the sides of the exposed portion of the cesspools and down the hillside. (Cohen Decl. ¶ 15.)  The then-Property owner Robert Hahn told the inspecting staff that a total of seven people occupied three separate dwelling units on the Property. The City's onsite-septic-system inspector noted that the existing system had been built for a 576 square foot structure with one bathroom, and the system was inadequate to properly treat and absorb the amount of sewage generated by three dwelling units with a total of seven occupants. (Cohen Decl. ¶ 16.)  The unlawful discharge of untreated sewage also poses a serious threat to public health and safety as well as the environment.  (Cohen Decl. ¶ 24.)  Further, the additions and alterations to the original cabin has increased the structural load to the extent that they appear to have compromised the structural integrity of the building, posing life-safety hazards to the occupants. 

The Building Official issued a Notice of Violations and Request to Vacate Premises ("NOV") to Mr. Hahn on September 8, 2010.  (Cohen Decl. ¶ 25.)  An accompanying Request for Municipal Code Compliance issued by the City Prosecutor required Mr. Hahn to do one of three things: restore the structure to its original permitted condition; demolish all structures; or legalize the multi-level structure (if it were technically feasible) and establish it as a single-family dwelling.  (Cohen Decl. ¶¶  26, 27.)  

Despite meetings and communications with City staff, Mr. Hahn failed to take any meaningful action to bring the Property into compliance with City and State laws. (Cohen Decl. ¶¶ 28, 29, 30.)  A civil action was filed against Mr. Hahn, and the City sought appointment of a receiver.  (Cohen Decl., ¶ 30.)  The City and Mr. Hahn eventually settled the civil action via a stipulated judgment which set out the scope of remediation work and set timelines for completion of various phases of the remediation. The first deadline was April 2016. (Cohen Decl. ¶ 33.)  

By early May 2016, Mr. Hahn had only completed the removal of the above-ground pool, which was only one of several substantial corrective actions that were to have been completed by April 2016.  Mr. Hahn informed the City’s counsel that health and financial issues precluded him from undertaking any further work. (Cohen Decl. ¶ 34.)  In light of Mr. Hahn’s health issues, his inability to complete the remediation, and the receiver’s inability to obtain funding, the determination was made to allow Mr. Hahn to remain at the Property, with no other occupants. (Cohen Decl. ¶ 35.)  

In April 2019, the City received a call from a resident who stated that Mr. Hahn had died a few months earlier and that unauthorized persons were occupying the Property and doing construction work.  Staff went to the premises and observed that the entry doors of the two bottom dwelling units were open; through the open doors, they saw that alterations or other construction work was in progress. (Cohen Decl. ¶ 36.)  The City Prosecutor subsequently confirmed that Mr. Hahn had died on January 9, 2019. (Cohen Deel. ¶ 37.)   

In light of the new unpermitted construction work and the continued presence of the substandard and hazardous conditions, the Building Official issued a Notice and Order to Vacate and Not Enter ("OTV"). The OTV ordered that no person shall enter, use or occupy any structure on the Property and further ordered that all construction work must immediately cease. (Cohen Decl. ¶ 38.)  

In April 2019, City staff learned that a Christopher Harz was periodically present at the Property and was responsible for some of the unpermitted construction that was taking place.  The City Prosecutor spoke with Mr. Harz, who claimed to be a friend of Mr. Hahn and the beneficiary under his will. (Cohen Decl. ¶ 39.)  Mr. Harz was provided with a copy of the OTV.  He asked what was needed in order to remediate the Property.  He was informed that he would need to retain a structural engineer and a geo-technical consultant, and to have restoration plans prepared and submitted to the City. (Cohen Decl. ¶ 41.)  

During the evening of May 8, 2019, after receiving a confidential phone call, the Building Official went to an area adjacent to the Property.  He observed from there that lights were on inside the three-level structure and heard voices coming from the premises. Soon after, Mr. Harz and Respondent Sarah Baisley drove away from the premises. (Cohen Decl. ¶ 42.) As a result of Respondent Baisley’s and Mr. Harz’s ongoing refusal to comply with the Order to Vacate, in June 2019 the Building Official asked the utility providers to disconnect water and electrical services to the Property. (Cohen Decl. ¶ 43.)  

On July 29, 2021, the City Prosecutor received a letter from Respondent Sarah Baisley, which stated a court had recently issued an order determining Baisley to be the successor to the Property. (Cohen Decl. ¶¶ 44, 45.)  Between August 2021 and April 2022, Respondent Baisley had numerous communications with the City Prosecutor regarding options for remediation of the Property. Ms. Baisley indicated that she did not have the financial ability to undertake the remediation, but that a potential buyer would be able to do so. The City Prosecutor informed her that the buyer could enter into a compliance agreement with the City, with firm timelines for remediation.  Although draft versions of a possible compliance agreement were prepared and discussed, ultimately a mutually acceptable compliance agreement could not be finalized. (Cohen Decl. ¶ 46.)  

The Property remained unoccupied until approximately December 2023, when the City learned that a person had requested that water service be restored to the Subject Property. The City advised the water district to keep the service disconnected. (Cohen Decl. ¶ 47.)  In February 2024, after having been advised by a City Public Works staff member that smoke had been seen emanating from the Property, City staff went to the premises and met with a man, identified as Elmer Sherman, who claimed to be a tenant, though he had no documentation to establish a lawful tenancy. He acknowledged using the failing septic system. He was provided with a copy of the OTV and informed he would need to leave. (Soria Decl. ¶¶ 9, 10, 11.)   

As a result of the new and unauthorized occupancy, it was determined that a comprehensive inspection of the Property was necessary to ascertain whether and to what extent the unlawful and dangerous conditions previously observed had worsened. (Cohen Decl. ¶ 50.)  The inspection confirmed the continued presence of the unpermitted construction and mechanical, electrical and plumbing installations; the compromised structural integrity of the three-level residential structure resulting from the many additions and alterations; and the deficient, unsanitary cesspool system.  (Soria Decl. ¶ 15.)  All of these conditions constitute violations of the State Housing Law and render the premises substandard. (Cohen Decl. ¶52.)  

Because of the recent unlawful occupancy of the Subject Property and the continued presence of the hazardous and unsanitary conditions, the determination was made that an emergency abatement was necessary to protect health and safety. The residential structure was secured against re-entry by boarding the windows and doors.  On April 30, 2024, Senior Code Enforcement Officer Raymond Soria signed and issued a Notice and Order to Repair or Abate ("Notice and Order"), which identified the hazardous and unlawful conditions that constitute violations of the State Housing Law, further identified the corrective actions necessary to abate the violations, and set a compliance timeline.  

To date, no actions have been taken to abate the violations as set forth in the Notice and Order.  No plans have been submitted to the City nor have any permits been applied for or issued. (Cohen Decl. ¶ 57.)   

The Property is dangerous, substandard and a public nuisance. The structural integrity of the multi-level residential structure built into the steep hillside has been compromised by extensive grading and by additions and alterations to the original 576 square foot cabin that have increased the structural load.  Most of the mechanical, plumbing and electrical installations and fixtures were not properly installed and pose health and safety hazards. The failing cesspools discharge untreated sewage onto the hillside, which hastens erosion and which may lead to significant environmental degradation of both the hillside and adjacent Topanga Creek.  (Cohen Decl. ¶ 54.)  

This hearing is on the City’s motion for appointment of a receiver and related injunction orders.  The City argues that good cause exists for the appointment of a receiver and issuance of related injunctive relief because the Property poses an extreme and imminent threat to health and safety and a fire hazard to any occupants and neighboring residents.  The Property has been in this dangerous, unsanitary and unlawful condition for over fourteen years.  The City has made exhaustive efforts to cause the Property to be brought into compliance with state and local law, to no avail.  Absent the relief requested, the hazardous and unsanitary conditions at the Property will continue to exist, and public health, safety and welfare will be irreparably harmed.  

REQUEST FOR JUDICIAL NOTICE 

The City seeks judicial notice of various provisions of the California Code of Civil Procedure, the California Health and Safety Code, and Senate Bill 1465.  The request is unnecessary as the City can simply cite to the statutory provisions.  Accordingly, the Court denies the request for judicial notice.   

DISCUSSION 

Section 17980 of the State Housing Law, set forth at Cal. Health & Safety Code §§ 17910 et seq., provides that a local enforcement agency shall institute any appropriate action or proceeding to prevent, restrain, correct, or abate a violation or nuisance if a building is “constructed, altered, converted, or maintained in violation of any provision of ... the building standards published in the California Building Standards Code, or other rules and regulations adopted pursuant to this part, or if a nuisance exists in any building or upon the lot on which it is situated .....”  

Moreover, pursuant to  § 17980.6, if a building is maintained in a manner that violates the State Housing Law, the California Building Code, or any provision in a local ordinance similar to the requisite Health & Safety Code provisions, and the violations are “so extensive and of such a nature that the health and safety of residents or the public is substantially endangered[,]” a local enforcement agency may issue an order or notice to repair or abate.  If a property owner fails to comply within a reasonable time with the terms of the order or notice issued under 17980.6, the enforcement agency may seek, and the court may order, the appointment of a receiver for the substandard building. (Health & Safety Code § l 9780.7(c)).  

Here, the City has satisfied the requisites for requesting the appointment of a receiver. Multiple inspections of the Property have revealed that the violations of local law were so extensive that the health and safety of occupants and the public as a whole were and are substantially endangered.  Accordingly, the City declared the Property substandard and unsafe to occupy and issued an OTV in April 2019.  (Cohen Decl. ¶ 38.)  Upon learning that the Property was re-occupied in 2024, the City obtained an inspection warrant and conducted a new inspection on April 23, 2024.  That inspection confirmed that the hazardous, unsanitary and substandard conditions observed since 2014 remained. (Cohen Decl. ¶ 51.)  A Notice and Order to Repair or Abate was issued on April 30, 2024, which detailed the hazardous and unlawful conditions, identified the corrective actions required to abate them, and set a timeline to bring the Property into conformity with state and local law. (Cohen Decl. ¶ 56.)  However, Respondents have taken no steps towards bringing the Property into compliance.  (Cohen Decl. ¶ 57.)  After Respondents’ refusal or failure to comply with the terms of the Notice and Order, the City instituted this action, on appropriate notice, to request a receiver to cure the extensive violations on the Property.  Thus, the City has satisfied each of the procedural prerequisites to allow this Court to appoint a receiver under the State Housing Law.  

In appointing a receiver, the court shall consider whether the owners have been afforded a “reasonable opportunity” to correct the conditions cited in the notice of violation.  (Health & Safety Code § 17980.7(c)(1).)  Here, for fourteen years, the City has diligently sought the voluntary compliance of the previous owner, Mr. Hahn, and, since 2019 that of Respondent Baisley, with no success.  Since the April 30, 2024 issuance of the Notice and Order to Abate, Respondents have failed to abate any of the violations or take substantive steps to do so.  (Cohen Decl. ¶ 57.)  As such, because Respondents are either unwilling or unable to do so, a receiver is the only avenue left to abate the violations.  

In addition to the appointment of a receiver, the City seeks an injunction to prohibit Respondents from obstructing or interfering with the receiver.  Health and Safety Code § 17980.7(c)(3) expressly provides: “If a receiver is appointed, the owner and his or her agent of the substandard building shall be enjoined from .... interfering with the receiver in the operation of the substandard building, and encumbering or transferring the substandard building or real property upon which the building is situated.”  In this instance, an appropriate injunctive order would prohibit Respondents from obstructing or interfering with either the receiver’s possession, operation and management of the Property or with the discharge of the receiver’s duties as delineated in § 17980.7(c)(4) of the State Housing Law.  In sum, along with the appointment of a receiver to abate the unlawful and dangerous conditions on the Property, an injunction is necessary to prevent Respondents from interfering with the receiver’s possession, operation and management. 

CONCLUSION 

Based on the foregoing, the Court GRANTS the City’s motion for appointment of a receiver and related injunctive order and will sign the Proposed Order. 

IT IS SO ORDERED. 

 

DATED:  November 6, 2024 ___________________________ 

Edward B. Moreton, Jr. 

Judge of the Superior Court