Judge: Maurice A. Leiter, Case: 19STCV03524, Date: 2023-04-11 Tentative Ruling

Case Number: 19STCV03524    Hearing Date: April 11, 2023    Dept: 54

Hearing Date: April 11, 2023

Department 54, Judge Maurice A. Leiter

Referee’s Motion to Issue Writ of Possession and Order Jonathan Deckel to Vacate Property

Moving Party: Referee Kevin Singer

Responding Party: Defendant Ami Deckel

T/R:     SINGER’S MOTION IS DENIED.

            SINGER TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers, opposition, and reply.

            Referee Singer requests that the Court issue a writ of possession and order Jonathan Deckel to vacate the property at issue in this action. Singer asserts that Deckel does not have a lease and has repeatedly interfered with Singer’s ability to carry out his duties as receiver. Singer argues the Court has authority to issue these orders under its broad powers of in rem jurisdiction over the property.

As pointed out in opposition, Singer does not provide authority showing the Court may evict an occupant of real property through a motion. Unlawful detainer law and procedures govern the eviction process and set forth the rights of owners and occupants of real property. Singer has not shown that the Court may circumvent unlawful detainer procedures.

The Court declines to impose Singer’s alternative request to sell the property with Deckel in it and to charge Defendants any diminution of value.

            Singer’s motion is DENIED.