Judge: Layne H. Melzer, Case: 2022-01272166, Date: 2022-09-01 Tentative Ruling

Pltf. City of Costa Mesa

Motion to Appoint Receiver

The petition by Petitioner City of Costa Mesa (the “City”), for order to abate substandard building and appointment of receiver, is GRANTED in part.

The City has demonstrated there are significant and ongoing housing and building code violations at the subject property, commonly known as 2162 Maple Street, Costa Mesa, CA, 92627; and, that these violations pose a serious risk to the health and safety of any occupants and the public. (Health & Saf. Code, § 17980 et seq.) The City has been attempting to gain compliance on the subject property since January 2022. (Jennings Decl. at ¶ 8, Exh. A.) Additionally, the City has demonstrated that the owner, Respondent Vedat Demir (“Respondent”), has been afforded a reasonable opportunity to correct the conditions at the subject property but has failed to bring the property into complete, or even substantial, compliance.  

Although the Court is sympathetic to Respondent’s reasons for opposing the appointment of a receiver, the evidence reflects his efforts to rehabilitate the property have been unsuccessful. Respondent appears to be in denial regarding the inhabitability of the house, including the legitimate safety concerns pointed out in the City’s supporting declarations. Moreover, it appears Respondent is continuing to enter the property without notice to the City, (and possibly even occupying it), despite the fact that the property has been “red-tagged.” (Jennings Reply Decl. at ¶¶ 6, 8.)

Accordingly, for the time being, the Court finds it is well within its discretion to appoint Richardson C. Griswold, as receiver, for the limited purpose of inspecting the subject property, and reporting back to the Court the scope of work required for full compliance, a timeline and an estimate of the costs.  

A Status Conference is set for 10/31/22 at 9:30AM in Department C12. The Receiver shall submit his initial report at least 9 court days before the Status Conference. Any response by Respondent shall be due at least 5 court days before the Status Conference.

The City shall give notice of the ruling.