Judge: Nathan R. Scott, Case: Bergazin v. Callisto, Date: 2022-08-19 Tentative Ruling

Plaintiff Debra Bergazin’s motion to clarify/authorize loan is denied.

The 2/28/22 order needs no clarification.  The receiver’s request to take out a specific loan was denied.  The 3/17/21 order remains in effect, authorizing the receiver to “incur costs up to $250,000 to address necessary repairs, remediation, and structural issues . . . .”

Had plaintiff sought to loan funds to the receivership estate to start repairs earlier, the court might have authorized it.

It is now too late.  We are less than a month from trial, at which the court may partition the properties by sale. 

Authorizing the loan now will require the receiver to start the bidding process anew.  (See Warren decl. ¶ 6.)  It will drastically protract the receiver’s duties at a time when the receiver is seeking to limit them.  (See id. ¶ 2.)  The loan proceeds are unlikely to fund complete repairs anyway.  (See id. ¶ 6.)

And plaintiff has not shown the urgency of beginning partial repairs at this late date.

Plaintiff shall give notice.