Judge: Elaine W. Mandel, Case: 20SMCV01545, Date: 2023-07-11 Tentative Ruling

Case Number: 20SMCV01545    Hearing Date: January 18, 2024    Dept: P

Tentative Ruling

City of Calabasas v. White, Case No. 20SMCV01545

Hearing date January 18, 2024

Receiver Byron Z. Moldo’s Motion for Approval of Final Report and Account

Plaintiff City of Calabasas sued for injunctive and equitable relief of a nuisance at defendant’s property. The court appointed Byron Moldo as post-judgment receiver to sell the property. Following close of escrow, Moldo seeks court approval and confirmation of a final account and report, distribution of sales proceeds, discharge of the receiver and exoneration of the bond.

Code of Civil Procedure section 564 provides for appointment of a receiver. California Rules of Court, Rule 3.1184 provides a receiver must present: (1) a final account and report, (2) a request for the discharge, and (3) a request for exoneration of the receiver’s surety. Cal. Rules of Court, rule 3.1184(a). Rule 3.1184 further provides “[n]otice of the motion or of the stipulation must be given to every person or entity known to the receiver to have a substantial, unsatisfied claim that will be affected by the order or stipulation, whether or not the person or entity is a party to the action or has appeared in it.” Id., rule 3.1184(c). 

Moldo submitted a final account and report, request for discharge and request for exoneration, as well as notice. Moldo complied with CRC Rule 3.1184.

The final report and accounting demonstrates Moldo completed all the receiver’s duties. The court approved and confirmed sale of the property for $900,000 on July 24, 2023. On August 8, 2023 escrow closed, and Moldo received funds of $446,280.62 and a final settlement statement. Given the sale, receipt of the funds, a final settlement statement and lack of opposition to the final report and accounting, the court approves the final report and accounting. The court approves Moldo’s request for discharge.

Receiver seeks reimbursement of $14,630.00 receivership fees and expenses. Receivers are entitled to compensation. Venza v. Venza (1951) 101 Cal.App.2d 678, 680. Generally, the costs of a receivership are paid from the property in the receivership estate. Andrade v. Andrade (1932) 216 Cal. 108, 110.

Moldo requested payment of the outstanding portion of his approved compensation and costs. There are no objections. Invoices attached to Moldo’s declaration re: final report and accounting support the $14,630.00 sought. See Moldo Decl., Exhib. D. Moldo is $14,630.00 in fees and costs.

The final report and accounting are APPROVED, as is payment for Moldo’s compensation and costs.