Judge Walter P. Schwarm, Case 30-2020-01124778 2022-11-01 Tentative Ruling

Judge: Walter P. Schwarm, Case: 30-2020-01124778, Date: 2022-11-01 Tentative Ruling

Receiver’s (Robert P. Mosier) unopposed Application for Authority to Make a First Interim Distribution of Fees and costs Related to and Incurred in Connection with the Administration and Sale of the Sole Receivership Property Commonly Known as 6475 Marigayle Circle, Huntington Beach, CA (Application), filed as an Ex Parte Application on 8-4-22 under ROA No. 845, is GRANTED.

Based on the Court Clerk’s Certificate of Mailing/Electronic Service, filed on 10-4-22 under ROA No. 910, the court finds that all parties received notice of the 11-1-22 hearing.

California Rules of Court, rule 3.1182, states in part, “(a) Content of reports [¶] The receiver must provide monthly reports to the parties and, if requested, to nonparty client lien holders. These reports must include: [¶] (1) A narrative report of events; (2) A financial report; and [¶] (3) A statement of all fees paid to the receiver, employees, and professionals showing: [¶] (A) Itemized services; [¶] (B) A breakdown of the services by 1/10 hour increments; [¶] (C) If the fees are hourly, the hourly fees; and [¶] (D) If the fees are on another basis, that basis.” (Emphasis in Cal. Rules of Court, rule 3.1182.)

California Rules of Court, rule 3.1183, provides, “(a) Interim fees [¶] Interim fees are subject to final review and approval by the court. The court retains jurisdiction to award a greater or lesser amount as the full, fair, and final value of the services received. [¶] (b) Objections to interim accounts and reports [¶] Unless good cause is shown, objections to a receiver's interim report and accounting must be made within 10 days of notice of the report and accounting, must be specific, and must be delivered to the receiver and all parties entitled to service of the interim report and accounting.” (Emphasis in Cal. Rules of Court, rule 3.1183.)

California Rules of Court, rule 3.1184, states, “(a) Motion or stipulation [¶] A receiver must present by noticed motion or stipulation of all parties: [¶] (1) A final account and report; [¶] (2) A request for the discharge; and [¶] (3) A request for exoneration of the receiver's surety. [¶] (b) No memorandum required [¶] No memorandum needs to be submitted in support of the motion or stipulation served and filed under (a) unless the court so orders. [¶] (c) Notice [¶] Notice of the motion or of the stipulation must be given to every person or entity known to the receiver to have a substantial, unsatisfied claim that will be affected by the order or stipulation, whether or not the person or entity is a party to the action or has appeared in it. [¶] (d) Claim for compensation for receiver or attorney [¶] If any allowance of compensation for the receiver or for an attorney employed by the receiver is claimed in an account, it must state in detail what services have been performed by the receiver or the attorney and whether previous allowances have been made to the receiver or attorney and the amounts.”

City of Riverside v. Horspool (2014) 223 Cal.App.4th 670, 685 (Riverside), states, “Nevertheless, on the merits, the amount of fees awarded to a receiver is in the sound discretion of the trial court and in the absence of a clear showing of an abuse of discretion, a reviewing court is not justified in setting aside an order fixing fees. [Citations.]”

Based on the declaration from Robert P. Mosier, the court finds that the requested fees and costs appear reasonable and necessary in connection with the sale of the property at 6475 Marigayle Circle, Huntington Beach, CA 92648. None of the parties opposed the Application. Plaintiff— Anh Thy Song Nguyen, Trustee of Mother Nature Trust and Defendant—American Financial Center, Inc. expressly do not oppose the request. (See Notices of Non-Opposition filed on 9-26-22 under ROA Nos. 895 and 897.)

Therefore, the court GRANTS Receiver’s (Robert P. Mosier) unopposed Application for Authority to Make a First Interim Distribution of Fees and costs Related to and Incurred in Connection with the Administration and Sale of the Sole Receivership Property Commonly Known as 6475 Marigayle Circle, Huntington Beach, CA filed as an Ex Parte Application on 8-4-22 under ROA No. 845. The court awards the following amounts as fees awarded to the receiver: (1) $3,480.31 to Richard Daggenhurst; (2) $54,826.00 for the Receiver; (3) $10,531.50 for Craig Collins, CPA; (4) $6,144.50 plus costs of $26.64 for the bookkeeping staff; (5) $926.37 and include the cost of the bond, filing fees, postage, facsimile and xerox costs; and (6) $3,300.00 to Kirk S. Rense, Esq. (Mosier Decl., 6, 7, 9, and Exhibits A, B, C, D, and E.)

Receiver to give notice.