Judge: Richard S. Whitney, Case: 37-2023-00013819-CU-MC-CTL, Date: 2023-08-11 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 10, 2023

08/11/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Misc Complaints - Other Motion Hearing (Civil) 37-2023-00013819-CU-MC-CTL THE PEOPLE OF THE STATE OF CALIFORNIA VS CANDIDO [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: Plaintiff's CONTINUED Motion for OSC as to why Receiver Should not be Confirmed, Public Nuisance Abated, and Injunctive Relief is GRANTED.

Plaintiffs THE PEOPLE OF THE STATE OF CALIFORNIA and CITY OF SAN DIEGO ('Plaintiffs') moved for an 'ORDER APPOINTING RECEIVER, TEMPORARY RESTRAINING ORDER, AND ORDER TO SHOW CAUSE RE: CONFIRMATION OF RECEIVER, ABATEMENT OF A PUBLIC NUISANCE, AND INJUNCTIVE RELIEF,' which was granted by this Court on April 19, 2023. The order restrains Defendant EVELYN A. CANDIDO, individually and as Trustee of the EVELYN A. CANDIDO - 1995 TRUST, under Declaration of Trust dated December 15, 1995 ('Defendant'), pursuant to San Diego Municipal Code sections 12.0202 and 121.0311, California Code of Civil Procedure sections 526 and 731, and California Health and Safety Code section 17980.7(c), from engaging or performing, directly or indirectly, the following acts: 'Maintaining a substandard property at 2845-2849 K Street in the City of San Diego in violation of state and local building laws and as a public nuisance which is a threat to the health, safety, and welfare of the public.' (ROA #26.) The order also set this order to show cause hearing. Further, the order granted the appointment of a receiver, pursuant to California Code of Civil Procedure section 568, California Health and Safety Code section 17980.7(c)(4). The appointed receiver filed an undertaking and requested ex parte that the Court increase the receivership certificate, which was granted. The order also permitted that the ex parte papers seeking the order would be deemed the moving papers as to this OSC. Defendant has not provided any evidence or argument to demonstrate the receiver should not be confirmed, the public nuisance should not be bated, nor that injunctive relief should not be granted. Plaintiffs' requests are granted.

Non-Party MIG SL Holdings LLC ('MIG') objected because it represents that it has entered into a contract to purchase the property from Defendant. MIG also represents it plans to demolish the structure and build apartments on the property. Plaintiffs do not deny that the plan to demolish the structure and to build apartments on the property would cure the nuisances and code violations but assert MIG does not have standing to object. Plaintiffs also assert that MIG has shown, based on other projects, it will not timely implement its plan to remedy the nuisances and code violations. The Court continued the hearing to allow MIG time to intervene in this action. MIG waited until July 25, 2023, to move ex parte to intervene, which Plaintiffs opposed. The Court denied the request and instructed a noticed motion would be required. As of today, August 9, 2023, MIG has not reserved a hearing date nor filed a motion to intervene. Rather than further continue the matter and cause more waste, the Court tentatively grants the motion so that the receiver can quickly remedy the nuisances and code violations. Plaintiffs are directed to submit a proposed order for the Court's approval.

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2984473  48 CASE NUMBER: CASE TITLE:  THE PEOPLE OF THE STATE OF CALIFORNIA VS CANDIDO [IMAGED]  37-2023-00013819-CU-MC-CTL Calendar No.: Event ID:  TENTATIVE RULINGS

2984473  48