Judge: John C. Gastelum, Case: 22-01258832, Date: 2023-06-13 Tentative Ruling

 Motion - Other

Tentative Ruling:  Court Appointed Receiver Richardson Griswold moves for authorization to list the property located at 13212 Partridge Street, Garden Grove, California 92843 (APN 101-451-03) (the “Property”) for sale. The motion is GRANTED.

The court has the authority to order the sale of receivership property. (City of Santa Monica v. Gonzalez (2008) 43 Cal.4th 905, 930; People v. Riverside University (1973) 35 Cal.App.3d 572, 582-583.) Health and Safety Code Section 17980.7 provides that unless the court otherwise permits, the receiver has the power and duty to, among other things, exercise any powers granted under Section 568. Section 568, in turn, provides the receiver, “under the control of the Court, power to . . . make transfers, and generally to do such acts respecting the property as the Court may authorize.”

The Receiver was appointed to, amongst other things, supervise and coordinate the inspection and clean-out of the Property and correct all health and safety violations. The Receiver reports that all violations were addressed and the City conducted its final inspection on 12/13/22 confirming the same. (Griswold Decl. ¶2.)

As of March 1, 2023, the payoff balance of the receivership lien was $179,614.15. (Griswold Decl. ¶6.) The Receiver has attempted to work with Defendants to create a plan for pay-off of the receivership lien. Defendant Holton has informed the Receiver’s office that he is looking into options to pay off the lien, but has not presented the Receiver with actionable plan. (Griswold Decl. ¶4.) Defendant Elsner has declined to speak with the Receiver about the lien pay off and has directed all inquiries to Mr. Holton. (Griswold Decl. ¶6.)

The Receiver has consulted with licensed real estate agents and believes that $839,000 is a reasonable listing price for the Property.

Defendant Elsner filed a response to the motion indicating that it is up to Defendant Holton to work out a solution for paying off the receiver’s lien. Defendant Elsner also indicates she believes the Receiver’s proposed listing price for the Property is high. She requests that the Receiver consider listing the Property with her son, Chris Bean, who is a licensed real estate agent. Mr. Bean has offered to charge no commission for his side of the sale.

Defendant Holton did not file a response to the Motion.

The Receiver indicated in a Reply that he would consider utilizing Mr. Bean’s services if Mr. Bean is willing to represent the Receiver without seeking a commission.

Given the above, the court authorizes the Receiver to list the Property for sale. The Receiver shall give due consideration to utilizing the services of Chris Bean as the listing agent.

Receiver to give notice.