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  • City of Colton -v- Palacios et al Print Other Real Property Unlimited  document preview
  • City of Colton -v- Palacios et al Print Other Real Property Unlimited  document preview
  • City of Colton -v- Palacios et al Print Other Real Property Unlimited  document preview
  • City of Colton -v- Palacios et al Print Other Real Property Unlimited  document preview
						
                                

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)