Judge: Robert C. Longstreth, Case: 37-2020-00022850-CU-EN-CTL, Date: 2023-12-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - December 07, 2023

12/08/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Enforcement Motion Hearing (Civil) 37-2020-00022850-CU-EN-CTL GOMEZ VS SERRANOS TACOS SAN DIEGO INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Appoint Receiver, 11/16/2023

The Labor Commissioner's unopposed Motion to Appoint a Receiver is GRANTED. (ROA 9.) The court approves of the appointment of Michael Brewer as the receiver at a rate of $300 per hour.

The amount of Mr. Brewer's undertaking is set at $140,000.00 based on Mr. Brewer's estimate of the value of the alcoholic beverage license. (Brewer Decl. ¶ 6.) However, the court notes subsection (e) of the proposed order indicates Mr. Brewer may employ Buchalter, APC as his counsel. As written, this is not approved.

Any application to employ an attorney on behalf of a receiver 'must be in writing and must state: (1) The necessity for the employment; (2) The name of the attorney whom the receiver proposes to employ; and (3) That the attorney is not the attorney for, associated with, nor employed by an attorney for any party.' (Cal. R. Court, rule 3.1180.) This information was not included in the moving papers.

The court will hear from the Plaintiff Labor Commissioner regarding 1) why the receiver requires the services of an attorney in this matter, 2) the name of the attorney whom Mr. Brewer intends to employ, and 3) the attorney's proposed hourly rate.

The name of the receiver's attorney and the attorney's hourly rate, if approved, are to be identified in a revised proposed order and the Labor Commissioner is to submit the revised proposed order within five (5) days.

Calendar No.: Event ID:  TENTATIVE RULINGS

3042659  7