Judge: Gregory Keosian, Case: 20STCV44915, Date: 2024-01-22 Tentative Ruling

Case Number: 20STCV44915    Hearing Date: January 22, 2024    Dept: 61

Receiver California Receivership Group’s Final Account and Report and Motion for Discharge is GRANTED.

Receiver to give notice.

I.                   RECEIVER’S FINAL REPORT AND ACCOUNTING

A court’s approval of the final report and account operates as res judicata on future claims against the receiver for mismanagement related to their duties. (Aviation Brake Systems, Ltd. v. Voorhis (1982) 133 Cal.App.3d 230, 234.) A final report must be by noticed motion, contain a request for discharge and exoneration of the receiver’s surety. (CRC Rule 3.1184.)

The receiver appointed in an action to abate a nuisance “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. Upon removal of the condition, the owner, the mortgagee, or any lienor of record may apply for the discharge of all moneys not used by the receiver for removal of the condition and all other costs authorized by this section.” (Health & Safe.. Code, § 17980.7, subd. (c)(9).)

The receiver appointed in this action through stipulated judgment on November 17, 2022, California Receivership Group, through its president Mark Adams, submits the declaration of Mark Adams in support of the present motion. Per Adams, the property was purchased on December 15, 2023, for $813,000.00. (Adams Decl. ¶ 8.) This was the sole income of the receivership estate, along with $724.10 in corporate advances. (Adams Decl. ¶ 9.) From this amount, the following costs are to be paid:

·         $56,229.00 in receivership fees to be paid to the receiver;

·         $40,650.00 for broker’s commission;

·         $18,054.62 in property taxes;

·         $14,020.00 in professional fees (apparently mostly to do with service of legal documents);

·         $9,513.68 in interest;

·         $6,722.30 for title and escrow;

·         $5,959.00 in accounting expenses;

·         $4,847.00 for insurance;

·         $4,500.00 in loan fees;

·         $3,956.05 for repairs and maintenance on the property;

·         $2,390.72 for recording and filing fees;

·         $515.35 for travel expenses;

·         $417.34 for postage and delivery;

·         $364.95 for additional settlement fees;

·         $152.32 for bank service charges;

·         $143.50 for the bond;

·         $10.00 for supplies

(Adams Decl. ¶ 9, Exh. 3.)

Thus a total of $200,945.83 is to be paid out of the receivership estate to the receiver and for incurred expenses, plus an additional, anticipated $5,000.00 to be paid to the receiver through discharge. (Adams Decl. ¶ 10.) The remaining proceeds shall be applied to the civil penalties awarded in the judgment. No opposition to this motion has been filed.

The motion is therefore GRANTED.