Judge: Lee W. Tsao, Case: 23NWCP00337, Date: 2023-12-15 Tentative Ruling

Case Number: 23NWCP00337    Hearing Date: March 5, 2024    Dept: C

City of South Gate v. Delacruz, et al., Case No. 23NWCP00337

This is a public nuisance action. The City brought this action seeking abatement of all dangerously substandard conditions at the subject property via appointment of a receiver. The receiver applies ex parte for an order shortening time on the hearing date for the Motion for Entry of an Order (1) Directing Receiver to Proceed with Remediation Plan For the Property; (2) Authorizing Receiver to Borrow Funds Pursuant to Receiver’s Certificate if Necessary; and (3) Authorizing Receiver to Retain Real Estate Broker to List Property for Sale If Necessary.

A party may seek ex parte relief upon an affirmative factual showing "irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte." (Cal. Rules of Court, rule 3.1202(c).)

The Court finds that the receiver has shown irreparable harm and immediate danger. The receiver, Blake C. Alsbrook, states that a delay in the motion will delay remediation of the subject property and risk the possibility that additional code violations will arise and impose increased costs. (Decl. Alsbrook, ¶ 8.)

Accordingly, the ex parte application is GRANTED.  Receiver Blake Alsbrook’s Motion for Entry of an Order is ADVANCED from April 23, 2024 to today’s date and CONTINUED to March 19, 2024 at 9:30 a.m. in Dept. SE-C. 

Receiver to give notice.