Judge: Michael Shultz, Case: 21CMCV00193, Date: 2023-08-10 Tentative Ruling
Case Number: 21CMCV00193 Hearing Date: August 10, 2023 Dept: A
21CMCV00193
People of the State of California v. Benjamin Onubah, Chinelo Onubah
[TENTATIVE] ORDER
The
complaint alleges that Defendants own real property located in the City of
Carson. The property was subject to ongoing and recurring violations since
January 2018 for unpermitted construction, electrical, and substandard repairs
by the Defendants, who have refused to address all violations. Plaintiff alleges
claims for public nuisance and injunctive relief for maintaining a substandard
building in violation of the Health and Safety Code.
On January 14, 2022, the Court appointed Mark Adams as Receiver.
II. ARGUMENTS
The Receiver cured the substandard
conditions and sold the property on June 15, 2023, by order of the Court. The
title and escrow costs, broker commission, property taxes and the Receiver’s Certificate
were paid through escrow. The only issue is the distribution of the remaining
proceeds after reimbursing the Receiver’s unpaid fees. No opposition has been
filed.
III.
DISCUSSION
A
receiver may request a discharge, provide a final account and report, and
request exoneration of the Receiver’s surety. (Cal. Rules of
Court, Rule 3.1184.) A memorandum of points and authorities is not required. (Id.)
The power to discharge a receiver is a “necessary adjunct” to the power of
appointment and is addressed to the court’s sound discretion. (Sly v.
Superior Court of California (1925) 71 Cal.App. 290, 294.) The court
controls the order of proof at the hearings for approval of the receiver’s
account. (Macmorris
Sales Corp. v. Kozak (1967) 249 Cal.App.2d 998, 1003 [“The
petition, which was verified, and which contained the receiver's report and
accounting in detail, constituted such evidence.”].)
The Receiver’s declaration certifies that
the Final Account and Report is accurate and is made under penalty of perjury.
(Baker Decl., ¶ 4.) The Receiver sold the property for $850,098.19. After
deducting all sale costs and expenses of $730,664.08, the remaining cash
balance after sale was $119,434.10. The receiver will deduct $11,681 in unpaid
fees and $98.18 in unreimbursed advances.
The County of Los Angeles released its two
liens for Defendant’s past due child support payments. The remaining lienholder
is Nationstar Mortgage, LLC, who made a demand of $357,667.83. The receiver
requests that the remaining balance be distributed to Nationstar.
IV.
CONCLUSION
There
being no opposition and based on the foregoing, the Receiver’s motion is
GRANTED. The Receivership is discharged, and the Receiver’s surety is
exonerated. The balance remaining after reimbursement for the Receiver’s unpaid
fees and advances is ordered distributed to Nationstar Mortgage LLC.