Judge: Layne H. Melzer, Case: 2022-01277733, Date: 2022-12-15 Tentative Ruling

Plaintiff City of Garden Grove

Motion - Other (Verified Complaint For:

1.Abatement of A Public Nuisance;

2.Abatement of Substandard Builing Conditions; and 3.Petition for Receivership)

Petitioner City of Garden Grove’s motion for an order appointing a Receiver to oversee the maintenance and repair of a substandard property, located at 12301 Flint Place in Garden Grove is continued to 1/12/23 at 2PM.

Health & Safety Code §17980.7, provides that the owner must have a “reasonable time” to comply with the terms of the order and notice, and that in “appointing a receiver, the court shall consider whether the owner has been afforded a reasonable opportunity to correct the conditions cited in the notice of violation.” (Subd. (c)(1).)

It is not clear in the moving papers that the owners have had a reasonable time to comply with the notice and order sent on 5/23/22 and have failed to do so. 

Petitioner shall submit a supplemental declaration that states when the last inspection of the property was, and whether or not any of the conditions referenced in the notice and order have been remedied. 

In addition, the Court requests that Petitioner submit evidence showing who currently holds title to the Property.  Petitioner states that Blanca E. Petersen was the sole owner of the Property and has passed away. But her death certificate has not been submitted.  Nor has any documentation been submitted that shows that German Petersen and Eric Petersen currently hold title to the property and/or are the sole beneficiaries of her trust.

 Petitioner shall give notice.