On April 08, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Olson, Juanita M.,
Ryan, Lidia D.,
and
Ryan, Lidia D.,
for (26) Unlimited Other Real Property
in the District Court of Santa Cruz County.
Preview
1 NATHAN C. BENJAMIN, SB No. 197859
THE LAW OFFICE OF BENJAMIN | LEIBROCK
2 340 SOQUEL AVENUE, SUITE 205
SANTA CRUZ, CALIFORNIA 95062
3 Tel: (831) 600-8405
Fax: (831) 713-5677
4 info@nbcllaw.com
5 COURT APPOINTED REFEREE
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
COUNTY OF SANTA CRUZ
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JUANITA OLSON, Case No. 21CV00921
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Plaintiff,
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vs. EX PARTE APPLICATION FOR ORDER
15 RE CONFIRMATION OF SALE AND
LIDIA RYAN, ACCOUNTING
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Defendant. DATE: 2/28/2024
17 TIME: 1:00 pm / Ex Parte
DEPT: Hon. Timothy R. Volkmann
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19 The Referee appointed by this Court, Nathan Benjamin, hereby applies for an Order
20 setting a hearing on the confirming sale of the mobile home coach located at 170 West Cliff Dr.
21 #57, Santa Cruz, CA 95060 (“Subject Property”) and to accept and approve the Referee’s report.
22 The Court has ordered the Referee to conduct the sale of the Subject Property. The
23 Referee’s Report on the sale is filed herewith(CCP § 873.710). A purchase contract has been
24 executed at the $225,000.00 asking price and the Referee requests confirmation of sale (CCP §§
873.730, 873.750). This Application is made on the following grounds:
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1. Following a trial this Court issued an Interlocutory Judgment on October 24, 2023
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ordering the Subject Property sold and by Orders of December 18, 2023 and January 12, 2024
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28 _______________________________________________________________________________
EX PARTE APPLICATION FOR ORDER RE CONFIRMATION OF SALE
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1 appointing Nathan Benjamin to act as Referee and achieve the sale of the Subject Property.
2 2. The Referee entered into a typical and industry standard listing agreement with
3 Dana Rasmussen (BRE# 01102286) a broker and licensed appraiser with Vista Properties. The
4 Referee opened an escrow with Oceanside Escrow Services, Inc., Melissa Gerardi, Escrow
5 Officer/Manager. The property was inspected and listed on the Multiple Listing Service on
6 February 7, 2024, at an asking price of $225,000.00.
3. Third party inquiries were received, and the Referee solicited both Plaintiff and
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Defendant to make offers on the Subject Property. As the court may recall, Defendant Ryan
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would not participate in any effort to negotiate a settlement prior to listing. Plaintiff Olson
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submitted an offer, Defendant Ryan did not do so. Defendant Ryan has not cooperated, has
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violated and failed to comply with multiple orders (including regarding the lien on the Subject
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Property and badgering the real estate agent and escrow agent).
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4. Upon listing, Plaintiff Olson submitted an offer utilizing a customary CAR form,
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for the asking price of $225,000.00. The Subject Property remained listed after receipt of the
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Olson offer, but here were no other offers and given that the Olson offer is at the asking price the
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Referee elected not to reduce the asking price or take additional time on market. The Referee
16 notes that due to the rent control issues related to the park the space rent would substantially
17 increase if a third party bought the coach and that fact along with the condition of the coach likely
18 limited interest at the asking price.
19 5. A contract for sale of the Subject Property has been executed and escrow will close
20 within 21 days following this Court’s approval of the sale. The sale of the Subject Property
21 cannot close without confirmation of the sale by the Court and the Referee is expressly authorized
22 to seek confirmation of sale.
23 6. As reflected in the Referee’s Report, the net sale proceeds will be approximately
24 $207,000.00 which is to be held in trust pending the Court’s determination of allocation and
accounting among the parties.
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//
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28 _______________________________________________________________________________
EX PARTE APPLICATION FOR ORDER RE CONFIRMATION OF SALE
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I To assure sufficient notice under CCP 873.720 and opportunity for the parties to submit
2 concise written objections if any regarding the sale the matter should be set for hearing at the
3 earliest opportunity on the Court's law and motion calendar at least ten days out.
4 Accordingly, the Referee is requesting the Court set this matter for hearing on the (i)
5 confirmation of sale and approval of the Referee's Report as well as the (ii) accounting,
6
allocation and distribution of the net proceeds of sale and the (iii) discharge of the Referee.
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THE LAW O I LETBROCK
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Dated: 1
t? ("I71 By
NATHAN
t2
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t4 DECLARATION
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I, NATHAN BENJAMIN, do hereby declare:
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1. I am a competent adult, and attomey authorized to practice law before this Court,
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and am appointed the Referee in this matter.
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2. I have provided notice of this ex parte application and the subject matter
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by telephone and email communications with the Plaintiff and Defendant. The notice has been
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2t provided to the parties on multiple occasions on and since February 15, 2024. I called and
,,)
emailed the parties on February 27,2024 at approximately 9:20 a.m. to advise them the
23 application will be on the 28th at I in Department 5. I have informed the parties of the purchase
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price and anticipated net proceeds and advised them to provide any objections.
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3. I believe the sale price is reasonable and appropriate and that the costs of sale as
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reflected in the Report are reasonable, necessary and appropriate. I am requesting this Court set a
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EX PARTE APPLICATION FOR ORDER RE CONFIRMATION OF SALE
J
hearing to confirm the sale and accounting and allocation ofthe net proceeds.
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2 I declare under penalty of perjury under the laws of the State of California that the
3 foregoing is true and correct and that this Declaration was on February 27,2024, at Santa
4 Cruz, Califomia.
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6
NATHAN BENJ
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15
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EX PARTE APPLICATION FOR ORDER RE CONFIRMATION OF SALE
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Document Filed Date
February 27, 2024
Case Filing Date
April 08, 2021
Category
(26) Unlimited Other Real Property
Status
03/26/2024 Dispositioned
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1 NATHAN C. BENJAMIN, SB No. 197859 THE LAW OFFICE OF BENJAMIN | LEIBROCK 2 340 SOQUEL AVENUE, SUITE 205 SANTA CRUZ, CALIFORNIA 95062 3 Tel: (831) 600-8405 Fax: (831) 713-5677 4 info@nbcllaw.com 5 COURT APPOINTED REFEREE 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SANTA CRUZ 10 11 12 JUANITA OLSON, Case No. 21CV00921 13 Plaintiff, 14 vs. EX PARTE APPLICATION FOR ORDER 15 RE CONFIRMATION OF SALE AND LIDIA RYAN, ACCOUNTING 16 Defendant. DATE: 2/28/2024 17 TIME: 1:00 pm / Ex Parte DEPT: Hon. Timothy R. Volkmann 18 19 The Referee appointed by this Court, Nathan Benjamin, hereby applies for an Order 20 setting a hearing on the confirming sale of the mobile home coach located at 170 West Cliff Dr. 21 #57, Santa Cruz, CA 95060 (“Subject Property”) and to accept and approve the Referee’s report. 22 The Court has ordered the Referee to conduct the sale of the Subject Property. The 23 Referee’s Report on the sale is filed herewith(CCP § 873.710). A purchase contract has been 24 executed at the $225,000.00 asking price and the Referee requests confirmation of sale (CCP §§ 873.730, 873.750). This Application is made on the following grounds: 25 1. Following a trial this Court issued an Interlocutory Judgment on October 24, 2023 26 ordering the Subject Property sold and by Orders of December 18, 2023 and January 12, 2024 27 28 _______________________________________________________________________________ EX PARTE APPLICATION FOR ORDER RE CONFIRMATION OF SALE 1 1 appointing Nathan Benjamin to act as Referee and achieve the sale of the Subject Property. 2 2. The Referee entered into a typical and industry standard listing agreement with 3 Dana Rasmussen (BRE# 01102286) a broker and licensed appraiser with Vista Properties. The 4 Referee opened an escrow with Oceanside Escrow Services, Inc., Melissa Gerardi, Escrow 5 Officer/Manager. The property was inspected and listed on the Multiple Listing Service on 6 February 7, 2024, at an asking price of $225,000.00. 3. Third party inquiries were received, and the Referee solicited both Plaintiff and 7 Defendant to make offers on the Subject Property. As the court may recall, Defendant Ryan 8 would not participate in any effort to negotiate a settlement prior to listing. Plaintiff Olson 9 submitted an offer, Defendant Ryan did not do so. Defendant Ryan has not cooperated, has 10 violated and failed to comply with multiple orders (including regarding the lien on the Subject 11 Property and badgering the real estate agent and escrow agent). 12 4. Upon listing, Plaintiff Olson submitted an offer utilizing a customary CAR form, 13 for the asking price of $225,000.00. The Subject Property remained listed after receipt of the 14 Olson offer, but here were no other offers and given that the Olson offer is at the asking price the 15 Referee elected not to reduce the asking price or take additional time on market. The Referee 16 notes that due to the rent control issues related to the park the space rent would substantially 17 increase if a third party bought the coach and that fact along with the condition of the coach likely 18 limited interest at the asking price. 19 5. A contract for sale of the Subject Property has been executed and escrow will close 20 within 21 days following this Court’s approval of the sale. The sale of the Subject Property 21 cannot close without confirmation of the sale by the Court and the Referee is expressly authorized 22 to seek confirmation of sale. 23 6. As reflected in the Referee’s Report, the net sale proceeds will be approximately 24 $207,000.00 which is to be held in trust pending the Court’s determination of allocation and accounting among the parties. 25 // 26 27 28 _______________________________________________________________________________ EX PARTE APPLICATION FOR ORDER RE CONFIRMATION OF SALE 2 I To assure sufficient notice under CCP 873.720 and opportunity for the parties to submit 2 concise written objections if any regarding the sale the matter should be set for hearing at the 3 earliest opportunity on the Court's law and motion calendar at least ten days out. 4 Accordingly, the Referee is requesting the Court set this matter for hearing on the (i) 5 confirmation of sale and approval of the Referee's Report as well as the (ii) accounting, 6 allocation and distribution of the net proceeds of sale and the (iii) discharge of the Referee. 7 8 THE LAW O I LETBROCK 9 10 11 Dated: 1 t? ("I71 By NATHAN t2 13 t4 DECLARATION 15 I, NATHAN BENJAMIN, do hereby declare: t6 1. I am a competent adult, and attomey authorized to practice law before this Court, t7 and am appointed the Referee in this matter. 18 2. I have provided notice of this ex parte application and the subject matter 19 by telephone and email communications with the Plaintiff and Defendant. The notice has been 20 2t provided to the parties on multiple occasions on and since February 15, 2024. I called and ,,) emailed the parties on February 27,2024 at approximately 9:20 a.m. to advise them the 23 application will be on the 28th at I in Department 5. I have informed the parties of the purchase 24 price and anticipated net proceeds and advised them to provide any objections. 25 3. I believe the sale price is reasonable and appropriate and that the costs of sale as 26 reflected in the Report are reasonable, necessary and appropriate. I am requesting this Court set a 27 28 EX PARTE APPLICATION FOR ORDER RE CONFIRMATION OF SALE J hearing to confirm the sale and accounting and allocation ofthe net proceeds. 1 2 I declare under penalty of perjury under the laws of the State of California that the 3 foregoing is true and correct and that this Declaration was on February 27,2024, at Santa 4 Cruz, Califomia. 5 6 NATHAN BENJ 7 8 9 10 11 12 13 t4 15 t6 t7 18 t9 20 2t 22 23 24 25 26 27 28 EX PARTE APPLICATION FOR ORDER RE CONFIRMATION OF SALE 4