Judge: Melvin D. Sandvig, Case: PC055717, Date: 2023-08-11 Tentative Ruling
Case Number: PC055717 Hearing Date: August 11, 2023 Dept: F47
Dept. F47
Date: 8/11/23
Case #PC055717
MOTION FOR
APPROVAL OF RECEIVER’S FINAL REPORT & ACCOUNT
&
PAYMENT OF FEES
& EXPENSES TO RECEIVER
Motion filed on 7/11/23.
MOVING PARTY: Receiver Nancy Hoffmeier Zamora
RESPONDING PARTY: all parties
RELIEF REQUESTED: An order:
(1) approving
Receiver Nancy Hoffmeier Zamora’s Final Report and Account; (2) authorizing
Receiver to disburse the balance of funds in the Receiver’s account to Receiver
for fees and expenses of administration of this case; (3) termination of the
receivership and discharge of Receiver upon payment of Receiver Invoice.
RULING: The motion is granted.
Receiver Nancy Hoffmeier Zamora (Receiver) was appointed
receiver in this case by Order of this Court filed on September 10, 2014 (the
“Appointment Order”). (Receiver Decl.,
Ex.A). Receiver was not required to file
a bond pursuant to a Stipulation and Order Re Writ of Possession and
Appointment of Receiver filed on August 1, 2014 (the “Stipulation and Order”).
The Appointment Order authorized Receiver to employ, as management company, Van
Horn Auctions (“Auctioneer”) who marketed and sold the subject personal
property of the receivership estate (the “Personal Property”). Auctioneer completed the sale of the Personal
Property on or about November 12, 2014. The
gross sales amount was $14,607.25. After
deducting Auctioneer’s total expenses of $7,618.42 for labor and other costs,
the net proceeds from the sale in the amount of $7,087.83 were paid to Receiver
on or about November 18, 2014. The
proceeds are held by Receiver pending this Court’s approval of payment of
Receiver’s fees and costs. Receiver did not receive notice that the Court
dismissed the case on April 8, 2015.
(Receiver Decl. ¶3).
Pursuant to Receiver’s accounting for this case as set
forth in the Report of Sale, the Personal Property sold to various buyers for a
total amount of $14,607.25. (Receiver’s
Decl., Ex.B). Selling expenses totaled $7,618.42 consisting
of Auctioneer's labor in the amount of $2,740.00, costs for advertising of
$1,746.42, and storage and rental fees in the amount of $3,132.00. The amount of net proceeds from the sale paid
to Receiver was $7,087.83. (Receiver
Decl., Ex.B, C).
Receiver has been paid no fees and no expenses to date. (Receiver Decl.). Receiver has submitted an invoice which contains
Receiver's time and billing entries that document Receiver's fees of $7,450.00
and costs incurred of $143.75, including narrative entries discussing the work
performed by Receiver. (Receiver Decl.,
Ex.C). The total amount of the Receiver
Invoice is $7,593.75. Id.
Receiver agrees to accept the balance on hand of $7,087.83 as payment in
full of the Receiver Invoice. (Receiver
Decl.).
Based on the Report of Sale and the Receiver Invoice,
Receiver estimates that there will be no remaining funds to be disbursed to
defendant and cross-complainant Hana Financial, Inc.
Based on the foregoing, the motion is granted. Receiver’s Final Report and Account is
approved; Receiver is authorized to disburse the balance of funds in the
Receiver’s account to Receiver for fees and expenses of administration of this
case. The receivership is terminated and
Receiver is discharged upon payment of Receiver Invoice.