On April 03, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
City Of Colton,
and
Does 1-25,
Mcnoon Crystal Import Inc,
Palacios, Karla L.,
Yccs,
for Other Real Property Unlimited
in the District Court of San Bernardino County.
Preview
\a
ORUGDNAL F I L E
supemoa COURT or ?ALIFORNIA
COUNTY 0F SAN BERNARomo
CHARISSE L. SMITH. Bar No. 213646 SAN BERNARomo ocsmcr
Charisse.smith@bbklaw.com
BEST BEST & KRIEGER LLP FEB 2 6 2024
2855 E. Guasti Road. Suite 400
Ontario, California 91 761
Telephone: (909) 989-8584 BY '
Facsimile: (909) 944-1441 APADELG: FIZO. DEPUTY
Attorneys for Plaintiff
CITY OF COLTON. a California municipal
corporation, on behalf of the PEOPLE OF THE EXEMPT FROM FILING FEES PURSUANT
STATE OF CALIFORNIA To GOVERNMENT CODE SECTION 61 03
©00fl¢
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO — SAN BERNARDINO JUSTICE CENTER
10
ll CITY OF COLTON, a California municipal Case N0. CIVSBZ302677
LLP
corporation. on behalf of the PEOPLE OF THE Judge: Hon. Joseph T. Ortiz
12 STATE OF CALIFORNIA, Dept.: S] 7 — SBJC
KRJEGER
Plaintiff. UNLIMITED JURISDICTION
&
BEST
14 v. NOTICE OF MOTION AND MOTION
BEST
T0 APPOINT RECEIVER PURSUANT
15 KARLA L. PALACIOS, an individual; YCCS. TO CALIFORNIA HEALTH AND
a Hawaii limited liability company; MCNOON SAFETY CODE, SECTION 17980.7(c)
16 CRYSTAL IMPORT. INC. a California
corporation; and DOES through 25. inclusive,
l
17 [Filed concurrently with:
Defendants. I. Memorandum ofPoints and Authorities
18 ISO Motion t0 Appoint Receiver;
Declaration ofRachel Carnell;
19 Declaration ofKevin Randolph;
Declaration ofCharisse L. Smith;
QMIKPUN
20 Requestfor Judicial Notice; and
[Proposed] Order]
21
Date: May 8. 2024
22 Time: 9:00 a.m.
Dept: SI7
23 Action Filed: April 3, 2023
Trial Date: Not set
24
25
26
27
28
23152 610]0\42028826V1
NOTICE OF MOTION AND MOTION TO APPOINT RECEIVER PURSUANT TO
CALIFORNIA HEALTH AND SAFETY CODE, SECTION 17980.7(C)
NOTICE 0F MOTION AND MOTION FOR APPOINTMENT OF A RECEIVER
PLEASE TAKE NOTICE that on May 8, 2024, at 9:00 a.m. in Department Sl7 of the
above-entitled court. located at 247 West Third Street, San Bemardino. California. Plaintiff City of
Colton (the “City") will seek an order from the Coun appointing a receiver, pursuant to Health and
Safety Code. Section 17980.7(c), to take possession and control, and t0 rehabilitate the buildings
247 South 7‘h 0f Colton, California, Assessor‘s Parcel
and real property located at Street. in the City
Numbers 0163-072-30. 0163-072—31, 0163-072-37. 0163-072-26, and 0163—072-29 (the “Subject
Property”). The City will also request that the Court appoint a receiver and:
1. Grant the receiver the authority, with respect to the Subject Property. set forth in
Health and Safety Code. Section 17980.7(c)(4) and Code ofCivil Procedure, Section 568; and
LLP
2. Enjoin Defendants. their partners. assignees. successors. representatives. managers.
KRJEGER
agents, attorneys, employees. and all other persons acting under or in concert with Defendants from
8L
BEST
collecting any rents on the Subject Property. from interfering with the receiver in the operation of
Best
the Subject Property, or from encumbering or transferring all or any portion ofthe Subject Property
during the receivership period; 0r in the alternative.
3. Issue a preliminary and/or permanent injunction. enjoining Defendants from
maintaining a nuisance on the Subject Property and ordering Defendants to bring the Subject
Property into compliance with the Colton Municipal Code within a reasonable period of time.
This motion will be made on the grounds that:
l. The City issued Defendants orders to make repairs to the Subject Property and cure
various violations of the California Health and Safety Code and the Colton Municipal Code;
2. Defendants have failed to take those actions necessary to correct the substandard
conditions. despite the City giving Defendants a reasonable opportunity to do so; and
3. As a result. the City is entitled to the relief provided for under Section 17980.7 of
the California Health and Safety Code.
The motion is based on this Notice of Motion and Motion. Memorandum of Points and
Authorities, Declarations of Rachel Camel]. Kevin Randolph. and Charisse L. Smith; and Request
'2'
23152 61010\420288261
NOTICE OF MOTION AND MOTION TO APPOINT RECEIVER PURSUANT TO
CALIFORNIA HEALTH AND SAFETY CODE. SECTION 17980.7(C)
Document Filed Date
February 26, 2024
Case Filing Date
April 03, 2023
Category
Other Real Property Unlimited
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\a ORUGDNAL F I L E supemoa COURT or ?ALIFORNIA COUNTY 0F SAN BERNARomo CHARISSE L. SMITH. Bar No. 213646 SAN BERNARomo ocsmcr Charisse.smith@bbklaw.com BEST BEST & KRIEGER LLP FEB 2 6 2024 2855 E. Guasti Road. Suite 400 Ontario, California 91 761 Telephone: (909) 989-8584 BY ' Facsimile: (909) 944-1441 APADELG: FIZO. DEPUTY Attorneys for Plaintiff CITY OF COLTON. a California municipal corporation, on behalf of the PEOPLE OF THE EXEMPT FROM FILING FEES PURSUANT STATE OF CALIFORNIA To GOVERNMENT CODE SECTION 61 03 ©00fl¢ SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO — SAN BERNARDINO JUSTICE CENTER 10 ll CITY OF COLTON, a California municipal Case N0. CIVSBZ302677 LLP corporation. on behalf of the PEOPLE OF THE Judge: Hon. Joseph T. Ortiz 12 STATE OF CALIFORNIA, Dept.: S] 7 — SBJC KRJEGER Plaintiff. UNLIMITED JURISDICTION & BEST 14 v. NOTICE OF MOTION AND MOTION BEST T0 APPOINT RECEIVER PURSUANT 15 KARLA L. PALACIOS, an individual; YCCS. TO CALIFORNIA HEALTH AND a Hawaii limited liability company; MCNOON SAFETY CODE, SECTION 17980.7(c) 16 CRYSTAL IMPORT. INC. a California corporation; and DOES through 25. inclusive, l 17 [Filed concurrently with: Defendants. I. Memorandum ofPoints and Authorities 18 ISO Motion t0 Appoint Receiver; Declaration ofRachel Carnell; 19 Declaration ofKevin Randolph; Declaration ofCharisse L. Smith; QMIKPUN 20 Requestfor Judicial Notice; and [Proposed] Order] 21 Date: May 8. 2024 22 Time: 9:00 a.m. Dept: SI7 23 Action Filed: April 3, 2023 Trial Date: Not set 24 25 26 27 28 23152 610]0\42028826V1 NOTICE OF MOTION AND MOTION TO APPOINT RECEIVER PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE, SECTION 17980.7(C) NOTICE 0F MOTION AND MOTION FOR APPOINTMENT OF A RECEIVER PLEASE TAKE NOTICE that on May 8, 2024, at 9:00 a.m. in Department Sl7 of the above-entitled court. located at 247 West Third Street, San Bemardino. California. Plaintiff City of Colton (the “City") will seek an order from the Coun appointing a receiver, pursuant to Health and Safety Code. Section 17980.7(c), to take possession and control, and t0 rehabilitate the buildings 247 South 7‘h 0f Colton, California, Assessor‘s Parcel and real property located at Street. in the City Numbers 0163-072-30. 0163-072—31, 0163-072-37. 0163-072-26, and 0163—072-29 (the “Subject Property”). The City will also request that the Court appoint a receiver and: 1. Grant the receiver the authority, with respect to the Subject Property. set forth in Health and Safety Code. Section 17980.7(c)(4) and Code ofCivil Procedure, Section 568; and LLP 2. Enjoin Defendants. their partners. assignees. successors. representatives. managers. KRJEGER agents, attorneys, employees. and all other persons acting under or in concert with Defendants from 8L BEST collecting any rents on the Subject Property. from interfering with the receiver in the operation of Best the Subject Property, or from encumbering or transferring all or any portion ofthe Subject Property during the receivership period; 0r in the alternative. 3. Issue a preliminary and/or permanent injunction. enjoining Defendants from maintaining a nuisance on the Subject Property and ordering Defendants to bring the Subject Property into compliance with the Colton Municipal Code within a reasonable period of time. This motion will be made on the grounds that: l. The City issued Defendants orders to make repairs to the Subject Property and cure various violations of the California Health and Safety Code and the Colton Municipal Code; 2. Defendants have failed to take those actions necessary to correct the substandard conditions. despite the City giving Defendants a reasonable opportunity to do so; and 3. As a result. the City is entitled to the relief provided for under Section 17980.7 of the California Health and Safety Code. The motion is based on this Notice of Motion and Motion. Memorandum of Points and Authorities, Declarations of Rachel Camel]. Kevin Randolph. and Charisse L. Smith; and Request '2' 23152 61010\420288261 NOTICE OF MOTION AND MOTION TO APPOINT RECEIVER PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE. SECTION 17980.7(C)