Judge: Lee W. Tsao, Case: 23NWCV00516, Date: 2023-03-22 Tentative Ruling

Case Number: 23NWCV00516    Hearing Date: March 22, 2023    Dept: SEC

CITY OF HUNTINGTON
PARK v. SECHRIST

CASE NO.: 
23NWCV00516

HEARING:  3/22/23 @ 1:30 PM

#4

TENTATIVE RULING

Plaintiff City of Huntington
Park’s motion for appointment of receiver and related injunction is DENIED without
prejudice.

Opposing Party to give
NOTICE.

Plaintiff
City of Huntington Park moves for appointment of a receiver pursuant to CCP §
564.

CCP § 564(a) provides that "a
receiver may be appointed ... by the court in which an action or proceeding is
pending in any case in which the court is empowered by law to appoint a
receiver.  "[A] receiver may be
appointed ... (9) in all other cases where necessary to preserve the property
or rights of any party."  (CCP §
564(b).)  

“The enforcement agency, tenant, or tenant
association or organization may seek and the court may order, the appointment of
a receiver for the substandard building pursuant to this subdivision… (1)
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. (2) The court shall not appoint any person as a receiver unless
the person has demonstrated to the court his or her capacity and expertise to
develop and supervise a viable financial and construction plan for the
satisfactory rehabilitation of the building… (3) If a receiver is appointed,
the owner and his or her agent of the substandard building shall be enjoined
from collecting rents from the tenants, interfering with the receiver in the
operation of the substandard building, and encumbering or transferring the
substandard building or real property upon which the building is situated.”  (H&S Code § 17980.7(c).)

Robert Sechrist and Carol Sechrist
have submitted declarations, attesting that despite their advanced
age, limited mobility, and limited income, they have been making best efforts
to maintain and upgrade the Subject Property.  Mr.
Sechrist is now eighty-six (86) years old. (R. Sechrist Decl., ¶3). Mrs.
Sechrist is now eighty-eight (88) years old. (C. Sechrist Decl., ¶3).  The Covid-19 pandemic has hampered their
efforts.  (C. Sechrist Decl., ¶ 8.)  Within the last thirty (30) days, they have
both been making plans and concrete efforts to this end: (1) Mr. Sechrist has
hired a contractor to install temporary fencing; (2) he is planning to install
garage doors where there is an open carport currently; (3) he has and continues
to solicit estimates from contractors to perform specific areas of work related
to landscaping and security; (4) Mrs. Sechrist has contacted a contractor to
replace the entire roof of the Subject Property (a meeting is scheduled on site
within the next week to get an estimate); (5) Mrs. Sechrist is planning to hire
a contractor to install wrought iron bars on all the windows to add ext a
security; and (6) the Sechrists have hired a general contractor consultant,
Kory Kruckenberg, to facilitate all of these repairs and upgrades to the
Subject Property, and also to act as a point of contact with Plaintiff’s Code
Enforcement Office. (R. Sechrist Decl., ¶¶18-19; C. Sechrist Decl., ¶10-12).

The court is satisfied with
Defendant’s efforts to abate the nuisance. 

Accordingly, the motion is DENIED
without prejudice.