Judge: Michael P. Linfield, Case: 22STCV31289, Date: 2023-12-07 Tentative Ruling

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Case Number: 22STCV31289    Hearing Date: February 6, 2024    Dept: 34

SUBJECT:        Motion for Order: (1) Approving and Settling the Receiver’s Final Report and Accounting; (2) Approving Final Compensation and Reimbursement of Expenses; (3) Approving Receiver’s Recommended Distribution of Funds; (4) Exonerating All Bonds; (5) Terminating the Receivership Appointment; and (6) Retaining Jurisdiction Re This Receivership Appointment

Moving Party: Receiver Kevin Singer

Resp. Party:    Defendant Alexis Barrueta

        Receiver’s Motion is GRANTED.

BACKGROUND:

On September 22, 2022, Plaintiff Angel Luis Barrueta filed his Complaint for Partition of Real Property against Defendant Alexis Barrueta.

On October 12, 2022, Plaintiff filed his Recorded Notice of Pending Action (“Lis Pendens”).

On January 23, 2023, Defendant filed his Answer to the Complaint.

On May 5, 2023, the Court appointed a receiver in this action.

On October 31, 2023, the sale of the real property closed.

On January 5, 2024, Receiver Kevin Singer filed Motion for Order: (1) Approving and Settling the Receiver’s Final Report and Accounting; (2) Approving Final Compensation and Reimbursement of Expenses; (3) Approving Receiver’s Recommended Distribution of Funds; (4) Exonerating All Bonds; (5) Terminating the Receivership Appointment; and (6) Retaining Jurisdiction Re This Receivership Appointment. In support of the Motion, Receiver concurrently filed: (1) Proposed Order; and (2) Proof of Service.

On January 18, 2024, Defendant filed his Response to the Motion.

On January 29, 2024, Plaintiff filed Judicial Council Form CM-200, Notice of Settlement of Entire Case.

On January 29, 2024, Receiver filed a Reply in support of the Motion.

ANALYSIS:

        Receiver requests that the Court: (1) approve and settle the Receiver’s final report and accounting as presented; (2) approve the Receiver’s fees and expenses for services rendered from May 16, 2023 through the hearing on this Motion, with total fees in the amount of $69,812.00 and total expenses in the amount of $2,140.27; (3) authorize the Receiver to pay his outstanding fees and expenses of $10,381.53, and to pay any other fees and expenses reasonably incurred by the Receivership Estate, the Receiver, and the Receiver’s professionals after the filing of the Motion without further order of the Court; (4) instruct the Receiver to distribute the remaining funds available in the Receiver’s trust account and property management bank account, in the total amount of $797,591.43, less the fees and expenses incurred; (5) exonerate all bonds posted herein; (6) discharge the Receiver and terminate the receivership appointment; and (7) retain exclusive jurisdiction over any claims, causes of action, or other proceeding that may be asserted against the Receiver and/or his professionals and the Receivership Estate for their respective services and all issues that were part of the subject matter of the Receivership, or that have arisen or later may arise therefrom. (Motion, pp. 8:12–26, 9:1–11.)

        In his Response, Defendant notes his approval of the Final Report, subject to the Receiver providing information Defendant has requested. (Response, p. 9:8–9.)

        Plaintiff has not opposed or otherwise responded to the Motion.

        The Court agrees with Receiver that these requests for relief are appropriate. The Court will sign the Proposed Order.

CONCLUSION:

        Receiver’s Motion is GRANTED.