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1 CHRISTINE DAVI, SBN 178389 Exempt from filing fees pursuant to
City Attorney Government Code section 6103.
2 KARIN SALAMEH, SBN 252034
Assistant City Attorney
3 City of Monterey
512 Pierce Street
4
VALERIE D. ESCALANTE TROESH, SBN 281386
5 VEscalanteTroesh@CivicaLaw.com
GABRIEL GOLLETTE, SBN 350155
6 Ggollette@CivicaLaw.com
CIVICA LAW GROUP, APC
7 4000 Barranca Parkway, Suite 250 PMB #782
Irvine, California 92604
8 Phone: 949-592-0165
9 Attorneys for Plaintiff
10 City of Monterey
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 COUNTY OF MONTEREY
CIVICA LAW GROUP, APC
13
14 CITY OF MONTEREY, a California municipal Case Number: 24CV000750
corporation, Action Filed: 2/26/2024
15
Plaintiff, Judge: Honorable Vanessa W. Vallarta
16 Dept.: 13A
v.
17 PLAINTIFF CITY OF MONTEREY’S
NOTICE OF AND EX PARTE
18 LESLIE J. FLORES, TRUSTEE OF THE LESLIE APPLICATION FOR APPOINTMENT OF A
J. FLORES 2022 REVOCABLE TRUST DATED RECEIVER, OR ALTERNATIVELY, FOR
19 APRIL 21, 2022; AN ORDER SHORTENING TIME
DOMENICA F. FLORES AKA DOMENICA F.
20 GIANINO, an individual; Filed concurrently with:
LUTHER BURBANK SAVINGS, A 1. Ex Parte Application for Appointment of
21 CALIFORNIA BANKING CORPORATION Receiver;
and 2. Memorandum of Points and Authorities;
22 DOES 1 through 50, inclusive, 3. Declaration of Code Compliance Coordinator
Lakind;
23 4. Declaration of Chief Building Official
Defendants. Williamson;
24 5. Declaration of Business License Inspector
Pizzo;
25 6. Declaration of Attorney Gollette;
7. Declaration of Court Receiver Griswold;
26 8. Request for Judicial Notice;
9. Appendix of Exhibits;
27 10. Proposed Receivership Order;
11. Proof of Service.
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NOTICE AND EX PARTE APPLICATION FOR APPOINTMENT OF RECEIVER
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Hearing
2 Date: April 9, 2024
Time: 8:30 a.m.
3 Dept: 13A
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NOTICE AND EX PARTE APPLICATION FOR APPOINTMENT OF RECEIVER
PLAINTIFF CITY OF
NOTICE OF EX PARTE APPLICATION FOR APPOINTMENT OF RECEIVER [OR
ALTERNATIVELY, FOR AN ORDER SHORTENING TIME
NOTICE IS HEREBY GIVEN that, on April 9, 2024, at 8:30 a.m., in Department 13A of the
Superior Court of the State of California for the County of Monterey, located at 1200 Aguajito Road,
Monterey, Califiornia 24CV000750 Receivership Plaintiff City
of Monterey Application
1. Declaring that the conditions on the parcel of real property known as 359 Larkin Street,
001-382-035- violate State and local laws
and that such violations are so extensive and of such a nature that the health and safety of the
occupants, neighbors, community, and the public is substantially endangered.
CIVICA LAW GROUP, APC
2.
Property pursuant to
3. Granting Receiver the authority to manage and oversee the rehabilitation of the Subject Property
4. Authorizing the Receiver to secure funding for the receivership estate through the issuance of
-priority liens on the Subject Property
pursuant to HSC section 17980.7(c), jurisprudence, and equity.
5. Enjoining Defendants Leslie J. Flores, Trustee of the Leslie J. Flores 2022 Revocable Trust dated
April 21, 2022 ( Defendant Flores ), Domenica F. Flores AKA Domenica Giancarlo
( Defendant Domenica ), Luther Burbank Savings, a California Corporation ( Defendant
Bank ) (collectively, Defendants ), from collecting income or rent from the Subject Property
pursuant to HSC section 17980.7(c)(3).
6. Enjoining Defendants from interfering with the Receiver in the operation of the Subject Property
pursuant to HSC section 17980.7(c)(3).
7. Enjoining Defendants from encumbering or transferring any interest in the Subject Property
pursuant to HSC section 17980.7(c)(3).
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NOTICE AND EX PARTE APPLICATION FOR APPOINTMENT OF RECEIVER
8. Enjoining Defendants from allowing or maintaining nuisances on the Subject Property, including
violations of the HSC,
and other applicable laws.
9.
receivership estate, to be secured as a super-priority lien on the Subject Property, the same as all
other of the R
and (d)(1), jurisprudence, and equity.
10.
CIVICA LAW GROUP, APC
Receivership Application is made pursuant to HSC section 17980.7(c) on an ex parte
and neighbors of the Subject Property and the community are in immediate danger and will suffer
irreparable harm due to
1. The Subject Property consists of a dilapidated, substandard, and blighted multi-family
residence with 14 dwelling units located in a densely populated residential community and plagued with
severe health, safety, sanitation, electrical, and fire hazards in violation of State and local laws, which
render the Subject Property substantially dangerous to occupants, neighbors, and the community. These
violations include: 9 of the 14 units unsafe for occupancy and red-tagged due to imminent threats to
human health or safety for dangerous conditions; lack of water services; lack of interior and exterior
property maintenance; dilapidated ceiling and roof premises likely to cause damage to proximal
property; unsanitary conditions electrical hazards and fire hazards detrimental to public health, safety,
and general welfare; amongst other violations. Despite these conditions and red-tags prohibiting
occupancy, Defendant Flores continues to rent out the uninhabitable units, in engaging in seemingly
unpermitted further construction, all putting occupants and the community in danger. No other parties,
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NOTICE AND EX PARTE APPLICATION FOR APPOINTMENT OF RECEIVER
including the other Defendan
ants, have stepped in to remediate the Subject Property
ty despite notice and
time to do so.
ti
2. The Subject Property has been a focus of code enforcement efforts since at least January of
2021. The City has attempted all feasible methods of enforcement to obtain voluntary compliance, but
all efforts have proven ineffective and, despite having been given ample opportunities and reasonable
time to comply, including the issuance of a December 7, 2023 HSC Notice and Order to Repair or Abate
of which, passed more than 120 days ago) to Defendants, Defendants have failed
to comply In fact, Defendant Owner has gone so far as to remove the posted red-tag notices is allowing
occupancy and is engaging in unpermitted construction even after the City engaged with him and his
agents on a resolution to give him more time to bring the property into compliance, to which he refused
to commit to any firm plan. The City s counse
sel has been in to
touch with
th th
the other Defendants as well, and
none have come forward to timely and properly remed
ediate the Subject Property to
too.
CIVICA LAW GROUP, APC
3. Immediate relief is needed given the on-going and real dangers to occupants, which are
exacerbated by Defendan
ant Flores refusal to comply wi
with th
the red-tag notices and the City s remediation
directives. Occupants are in danger given the conditions, plus the broader community, and also now are
in risk of electrical being shut off for failure of non-payment (as the City recently learned from PG&E).
The City cont
ntinues to receive complaints from the
he com
ommunity, includ
uding tenants, of the Subject Property
of the deplorable conditions, who are fearful for their safety and ensuring they have a place to live.
Defendant Flores and his agents have a long history of violence, further exacerbating the City s need for
court intervention.
4. The City has complied with all procedural prerequisites to seek this relief. The City filed
Receivership Action. Before doing so, the City served all parties with a legal interest in the Subject
Property -
Complaint as required by HSC section 17980.7(c), satisfying the procedural prerequisite for the sought-
after HSC relief. All parties have been served and have filed Answers with the Court. The case is at
issue and the City thus seeks swift relie
ief: either the
he appointment of a receiver or a shortened hearing
schedu
dule to ensure the community is protected.
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NOTICE AND EX PARTE APPLICATION FOR APPOINTMENT OF RECEIVER
5. Occupants of the Subject Property and community should not have to suffer the risks and
dangers posed by the Subject Property, while the City sets a hearing on its Receivership Application
through a regularly noticed motion. Every day that pa
passes, the occupants and community suffer and
Defendant Flores continues to engage in work on the Subject Property that exacerbates the
he dangers.
6. Moreover, the HSC receivership process was specifically enacted by the State legislature
to provide cities with expedient enforcement measures to rehabilitate substandard housing that currently
endangers the health and safety of residents and the public. (Sen. Rules Com., Off. Of Sen. Floor
Analyses, 3d reading analysis of Sen. Bill No. 2799 (1987 88 Re. Sess.) as amended Aug. 29, 1988, p.
3; see Assem. Com. on Housing and Community Development, Analysis of Sen. Bill No. 2799 (1987
88 Re. Sess.) as amended June 27, 1988, p. 3.)
7.
meaningful enforcement mechanisms in situations where the substandard condition of a residential
CIVICA LAW GROUP, APC
City
of Santa Monica v. Gonzalez (2008) 43 Cal.4th 905, 926.) In Gonzalez,, the Court specifically addressed
failure to comply with a notice to repair. (Id. at 920 21.) The California Supreme Court has also stated
of the occupants or the public. (Id
Id. at 925 26.)
8. The HSC receivership process is procedurally designed to authorize relief upon a petition
alone. Nonetheless, the City files this Receivership Application to provide additional evidence to the
Court and due process to Defendants.
9. While the City merits the herein requested ex parte relief given its showing in the
concurrently filed Declarations of the irreparable harm and immediate danger to the community that will
occur without immediate court intervention, in the alternative, should the Court not take immediate
action
asks the Court for a hearing on the soonest date the Court has available.
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NOTICE AND EX PARTE APPLICATION FOR APPOINTMENT OF RECEIVER
Pursuant to Rule 3.1202 of the CRC, the City recites the following information known about the parties
or their counsel:
A. Defendant. Flores (self-represented): Grata House, 1696 La Jolla Drive, Thousand Oaks,
California 91362;
B. Defendant Domenica (self-represented): 274 Watson Street, Monterey, California, 93940 831-
601-5995;
C. Defendant Bank
nk: Ernest Isola (eisola@grsm.com), Catherine Delorey (cdelorey@grsm.com),
Gordon Rees Scully Mansukhani, LLP, 275 Battery Street, Suite 2000, San Francisco, California
94111, 415-875-4399, Attorneys for Washington Federal Bank, successor to Luther Burbank
Savings, Defendant.
CIVICA LAW GROUP, APC
This Receivership Application is based on the concurrently filed Memorandum of Points and
Authorities, the Declaration of Code Compliance Coordinator Rory Lakind the Declaration of Chief
Building Official Lori Williamson, the Declaration of Business License Inspector Vincent Pizzo, the
Declaration of Attorney Gabriel Gollette, the Declaration of Receiver Richardson C. Griswold, the
Request for Judicial Notice, the Appendix of Exhibits, the Proposed Receivership Order filed, all exhibits
filed concurrently filed herewith, the records, documents and evidence on file in this Action, and such
further evidence and arguments as may be presented to the Court in this matter.
Dated: April 8, 2024 CIVICA LAW GROUP, APC
By: ______________________________
GABRIEL GOLLETTE
Attorneys for Plaintiff
CITY OF MONTEREY
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NOTICE AND EX PARTE APPLICATION FOR APPOINTMENT OF RECEIVER
Preview
1 CHRISTINE DAVI, SBN 178389 Exempt from filing fees pursuant to City Attorney Government Code section 6103. 2 KARIN SALAMEH, SBN 252034 Assistant City Attorney 3 City of Monterey 512 Pierce Street 4 VALERIE D. ESCALANTE TROESH, SBN 281386 5 VEscalanteTroesh@CivicaLaw.com GABRIEL GOLLETTE, SBN 350155 6 Ggollette@CivicaLaw.com CIVICA LAW GROUP, APC 7 4000 Barranca Parkway, Suite 250 PMB #782 Irvine, California 92604 8 Phone: 949-592-0165 9 Attorneys for Plaintiff 10 City of Monterey 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF MONTEREY CIVICA LAW GROUP, APC 13 14 CITY OF MONTEREY, a California municipal Case Number: 24CV000750 corporation, Action Filed: 2/26/2024 15 Plaintiff, Judge: Honorable Vanessa W. Vallarta 16 Dept.: 13A v. 17 PLAINTIFF CITY OF MONTEREY’S NOTICE OF AND EX PARTE 18 LESLIE J. FLORES, TRUSTEE OF THE LESLIE APPLICATION FOR APPOINTMENT OF A J. FLORES 2022 REVOCABLE TRUST DATED RECEIVER, OR ALTERNATIVELY, FOR 19 APRIL 21, 2022; AN ORDER SHORTENING TIME DOMENICA F. FLORES AKA DOMENICA F. 20 GIANINO, an individual; Filed concurrently with: LUTHER BURBANK SAVINGS, A 1. Ex Parte Application for Appointment of 21 CALIFORNIA BANKING CORPORATION Receiver; and 2. Memorandum of Points and Authorities; 22 DOES 1 through 50, inclusive, 3. Declaration of Code Compliance Coordinator Lakind; 23 4. Declaration of Chief Building Official Defendants. Williamson; 24 5. Declaration of Business License Inspector Pizzo; 25 6. Declaration of Attorney Gollette; 7. Declaration of Court Receiver Griswold; 26 8. Request for Judicial Notice; 9. Appendix of Exhibits; 27 10. Proposed Receivership Order; 11. Proof of Service. 28 NOTICE AND EX PARTE APPLICATION FOR APPOINTMENT OF RECEIVER 1 Hearing 2 Date: April 9, 2024 Time: 8:30 a.m. 3 Dept: 13A 4 5 6 7 8 9 10 11 12 CIVICA LAW GROUP, APC 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE AND EX PARTE APPLICATION FOR APPOINTMENT OF RECEIVER PLAINTIFF CITY OF NOTICE OF EX PARTE APPLICATION FOR APPOINTMENT OF RECEIVER [OR ALTERNATIVELY, FOR AN ORDER SHORTENING TIME NOTICE IS HEREBY GIVEN that, on April 9, 2024, at 8:30 a.m., in Department 13A of the Superior Court of the State of California for the County of Monterey, located at 1200 Aguajito Road, Monterey, Califiornia 24CV000750 Receivership Plaintiff City of Monterey Application 1. Declaring that the conditions on the parcel of real property known as 359 Larkin Street, 001-382-035- violate State and local laws and that such violations are so extensive and of such a nature that the health and safety of the occupants, neighbors, community, and the public is substantially endangered. CIVICA LAW GROUP, APC 2. Property pursuant to 3. Granting Receiver the authority to manage and oversee the rehabilitation of the Subject Property 4. Authorizing the Receiver to secure funding for the receivership estate through the issuance of -priority liens on the Subject Property pursuant to HSC section 17980.7(c), jurisprudence, and equity. 5. Enjoining Defendants Leslie J. Flores, Trustee of the Leslie J. Flores 2022 Revocable Trust dated April 21, 2022 ( Defendant Flores ), Domenica F. Flores AKA Domenica Giancarlo ( Defendant Domenica ), Luther Burbank Savings, a California Corporation ( Defendant Bank ) (collectively, Defendants ), from collecting income or rent from the Subject Property pursuant to HSC section 17980.7(c)(3). 6. Enjoining Defendants from interfering with the Receiver in the operation of the Subject Property pursuant to HSC section 17980.7(c)(3). 7. Enjoining Defendants from encumbering or transferring any interest in the Subject Property pursuant to HSC section 17980.7(c)(3). 1 of 5 NOTICE AND EX PARTE APPLICATION FOR APPOINTMENT OF RECEIVER 8. Enjoining Defendants from allowing or maintaining nuisances on the Subject Property, including violations of the HSC, and other applicable laws. 9. receivership estate, to be secured as a super-priority lien on the Subject Property, the same as all other of the R and (d)(1), jurisprudence, and equity. 10. CIVICA LAW GROUP, APC Receivership Application is made pursuant to HSC section 17980.7(c) on an ex parte and neighbors of the Subject Property and the community are in immediate danger and will suffer irreparable harm due to 1. The Subject Property consists of a dilapidated, substandard, and blighted multi-family residence with 14 dwelling units located in a densely populated residential community and plagued with severe health, safety, sanitation, electrical, and fire hazards in violation of State and local laws, which render the Subject Property substantially dangerous to occupants, neighbors, and the community. These violations include: 9 of the 14 units unsafe for occupancy and red-tagged due to imminent threats to human health or safety for dangerous conditions; lack of water services; lack of interior and exterior property maintenance; dilapidated ceiling and roof premises likely to cause damage to proximal property; unsanitary conditions electrical hazards and fire hazards detrimental to public health, safety, and general welfare; amongst other violations. Despite these conditions and red-tags prohibiting occupancy, Defendant Flores continues to rent out the uninhabitable units, in engaging in seemingly unpermitted further construction, all putting occupants and the community in danger. No other parties, 2 of 5 NOTICE AND EX PARTE APPLICATION FOR APPOINTMENT OF RECEIVER including the other Defendan ants, have stepped in to remediate the Subject Property ty despite notice and time to do so. ti 2. The Subject Property has been a focus of code enforcement efforts since at least January of 2021. The City has attempted all feasible methods of enforcement to obtain voluntary compliance, but all efforts have proven ineffective and, despite having been given ample opportunities and reasonable time to comply, including the issuance of a December 7, 2023 HSC Notice and Order to Repair or Abate of which, passed more than 120 days ago) to Defendants, Defendants have failed to comply In fact, Defendant Owner has gone so far as to remove the posted red-tag notices is allowing occupancy and is engaging in unpermitted construction even after the City engaged with him and his agents on a resolution to give him more time to bring the property into compliance, to which he refused to commit to any firm plan. The City s counse sel has been in to touch with th th the other Defendants as well, and none have come forward to timely and properly remed ediate the Subject Property to too. CIVICA LAW GROUP, APC 3. Immediate relief is needed given the on-going and real dangers to occupants, which are exacerbated by Defendan ant Flores refusal to comply wi with th the red-tag notices and the City s remediation directives. Occupants are in danger given the conditions, plus the broader community, and also now are in risk of electrical being shut off for failure of non-payment (as the City recently learned from PG&E). The City cont ntinues to receive complaints from the he com ommunity, includ uding tenants, of the Subject Property of the deplorable conditions, who are fearful for their safety and ensuring they have a place to live. Defendant Flores and his agents have a long history of violence, further exacerbating the City s need for court intervention. 4. The City has complied with all procedural prerequisites to seek this relief. The City filed Receivership Action. Before doing so, the City served all parties with a legal interest in the Subject Property - Complaint as required by HSC section 17980.7(c), satisfying the procedural prerequisite for the sought- after HSC relief. All parties have been served and have filed Answers with the Court. The case is at issue and the City thus seeks swift relie ief: either the he appointment of a receiver or a shortened hearing schedu dule to ensure the community is protected. 3 of 5 NOTICE AND EX PARTE APPLICATION FOR APPOINTMENT OF RECEIVER 5. Occupants of the Subject Property and community should not have to suffer the risks and dangers posed by the Subject Property, while the City sets a hearing on its Receivership Application through a regularly noticed motion. Every day that pa passes, the occupants and community suffer and Defendant Flores continues to engage in work on the Subject Property that exacerbates the he dangers. 6. Moreover, the HSC receivership process was specifically enacted by the State legislature to provide cities with expedient enforcement measures to rehabilitate substandard housing that currently endangers the health and safety of residents and the public. (Sen. Rules Com., Off. Of Sen. Floor Analyses, 3d reading analysis of Sen. Bill No. 2799 (1987 88 Re. Sess.) as amended Aug. 29, 1988, p. 3; see Assem. Com. on Housing and Community Development, Analysis of Sen. Bill No. 2799 (1987 88 Re. Sess.) as amended June 27, 1988, p. 3.) 7. meaningful enforcement mechanisms in situations where the substandard condition of a residential CIVICA LAW GROUP, APC City of Santa Monica v. Gonzalez (2008) 43 Cal.4th 905, 926.) In Gonzalez,, the Court specifically addressed failure to comply with a notice to repair. (Id. at 920 21.) The California Supreme Court has also stated of the occupants or the public. (Id Id. at 925 26.) 8. The HSC receivership process is procedurally designed to authorize relief upon a petition alone. Nonetheless, the City files this Receivership Application to provide additional evidence to the Court and due process to Defendants. 9. While the City merits the herein requested ex parte relief given its showing in the concurrently filed Declarations of the irreparable harm and immediate danger to the community that will occur without immediate court intervention, in the alternative, should the Court not take immediate action asks the Court for a hearing on the soonest date the Court has available. 4 of 5 NOTICE AND EX PARTE APPLICATION FOR APPOINTMENT OF RECEIVER Pursuant to Rule 3.1202 of the CRC, the City recites the following information known about the parties or their counsel: A. Defendant. Flores (self-represented): Grata House, 1696 La Jolla Drive, Thousand Oaks, California 91362; B. Defendant Domenica (self-represented): 274 Watson Street, Monterey, California, 93940 831- 601-5995; C. Defendant Bank nk: Ernest Isola (eisola@grsm.com), Catherine Delorey (cdelorey@grsm.com), Gordon Rees Scully Mansukhani, LLP, 275 Battery Street, Suite 2000, San Francisco, California 94111, 415-875-4399, Attorneys for Washington Federal Bank, successor to Luther Burbank Savings, Defendant. CIVICA LAW GROUP, APC This Receivership Application is based on the concurrently filed Memorandum of Points and Authorities, the Declaration of Code Compliance Coordinator Rory Lakind the Declaration of Chief Building Official Lori Williamson, the Declaration of Business License Inspector Vincent Pizzo, the Declaration of Attorney Gabriel Gollette, the Declaration of Receiver Richardson C. Griswold, the Request for Judicial Notice, the Appendix of Exhibits, the Proposed Receivership Order filed, all exhibits filed concurrently filed herewith, the records, documents and evidence on file in this Action, and such further evidence and arguments as may be presented to the Court in this matter. Dated: April 8, 2024 CIVICA LAW GROUP, APC By: ______________________________ GABRIEL GOLLETTE Attorneys for Plaintiff CITY OF MONTEREY 5 of 5 NOTICE AND EX PARTE APPLICATION FOR APPOINTMENT OF RECEIVER