On March 08, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
City Of Ontario,
and
Does 1 Through 25, Inclsuive,
Does 3 Through 25, Inclsuive,
Planet Home Lending, Llc,
Secretary Of Housing And Urban Developoment,
Sylvester, Roberto C.,
Village Capital & Investments, Llc,
for Other Real Property Unlimited
in the District Court of San Bernardino County.
Preview
.
0 QRUGHNAL .
F l
1 CHARISSE L. SMITH, Bar No. 2 1 3646 SggELmfigEUkTEFDCAUFORMA
SAN BERNAnowo
'
charisse.smith@bbk1aw.com
2 MICHAEL J. RUSSO, Bar No. 341979
michael.russo@bbklaw.com
APR 1 5 2924
3 BEST BEST & KRIEGER LLP
2855 East Guasti Road, Suite 400
4 Ontario, California 91761 BY:
V -
'
Le 3"8 meda' DePU‘V
Telephone: (909) 989-8584
5 Facsimile: (909) 944-1441
6 Attorneys for Plaintiff, EXEMPT FROM FILING FEES PURSUANT T0
V“
CITY OF ONTARIO GOV- CODE § 6103 j
i
y
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA d;
9 COUNTY OF SAN BERNARDINO a
10 RANCHO CUCAMONGA DISTRICT
g
11 CITY OF ONTARIO, a California ‘
Case No. CIVSB2301897
LLP
E g municipal corporation, on behalf of the
5% cf:
12 PEOPLE OF THE STATE OF Hon. Judge: Tony Raphael
KRIEGER
CALIFORNIA, Department R17— Rancho Cucamonga
g g Z
13 Unlimited Jurisdiction
a é E
& Plaintiff and Petitioner,
é 35,
BEST
14
E: é
§ g v. DECLARATION OF DOUGLAS I.
BEST
E 15 MENDOZA IN SUPPORT OF
ROBERTO C. SYLVESTER, an individual; MOTION TO APPOINT A
16 VILLAGE CAPITAL & INVESTMENTS, RECEIVER PURSUANT T0
LLC, a Delaware limited liability company; CALIFORNIA HEALTH AND
17 and DOES 1 through 25, inclusive, SAFETY CODE, SECTION
17980.7(c)
18 Defendants and Respondents.
Date: May 14, 2024
19 Time: 8:30 a.m.
Dept: Dept. R17
20
. [Concurrently Filed with Notice;
21 Memorandum ofPoim‘s & Authorities;
Supporting Declarations; Requestfor
7—2 Judicial Notice; and (Proposed) Order]
23 Action Filed: March 8, 2023
Trial Date: None set
24
25
26
27
28
46700‘61050\42167204‘1 DECLARATION 0F DOUGLAS I. MENDOZA
DECLARATION OF DOUGLAS I. MENDOZA
I, Douglas I. Mendoza, being duly sworn, personally appeared before the Court on this day,
and under oath, declared the following:
A 1. I am over 18 years of age, and I am employed in the County 0f San Bernardino,
California. I am a Community Improvement Officer, and at all times pertinent hereto, have been
employed by the City of Ontario ("City"). My responsibilities include inspecting the conditions of
\OOONQUI
residential and commercial properties t0 determine whether Violations of the State Housing Law
and the City's adopted codes exist. I am submitting this declaration in support ofthe City's Petitién
to Appoint a Receiver ("Petition") for the real property described below. I have reviewed the case
10 file for the property located at 1448 West Clair Street, in the City of Ontario, California, Assessor’s
11 Parcel Number 101 1-521-15 (the "Property"), and thereby have personal knowledge of the
400
761
LLP
could and would competently testify thereto.
SUITE
91 12 following matters, and if called as a witness, I
LAW
KRJEGER
ROAD,
AT
CALIFORNIA
13 2. The PrOperty is a single-family residence and has been declared dangerous and a
& GUASTI
ATTORNEYS
BEST
14 public nuisance per se. The Property is substandard, unsanitary, has unpermitted additions, and is
ONTARIO,
EAST
BEST
2855
15 currently occupied.
16 3. I am informed and believe that the Property is currently on record being owned by
17 Roberto C. Sylvester, a single man (the “Owner”). I am also informed that Defendant Village
18 Capital & Investments, LLC, a Delaware limited liability company has a legal interest in the
19 Property, under a Deed 0f Trust dated December 14, 2020 as recorded With the San Bemardino
20 County Recorder’s Office on December 18, 2020, as Document No. 2020-5 1 7861 8.
21 4. The Property has been declared a per se public nuisance due to violations 0f the
22 Ontario Municipal Code (“OMC”) and has been the subject of City of Ontario Community
23 Improvement Department efforts since at least October 2012, when the City received a complaint
24 regarding a unit, built 0n top 0f the garage, on the Property that was being rented out without
25 permits or approval from the City. On or about November 6, 2012, the City conducted an initial
26 inspection 0f the Property. Community Improvement Officer Gus Gonzalez met with prior owner
27 Ruben Marquez and his contractor at the Property. The contractor gave Officer Gonzalez a letter
28 dated November 5, 2012 authorizing him t0 speak With the City regarding the Property.
_ 2 _
46700‘61050\42167204-1 DECLARATION 0F DOUGLAS I. MENDOZA
Preview
. 0 QRUGHNAL . F l 1 CHARISSE L. SMITH, Bar No. 2 1 3646 SggELmfigEUkTEFDCAUFORMA SAN BERNAnowo ' charisse.smith@bbk1aw.com 2 MICHAEL J. RUSSO, Bar No. 341979 michael.russo@bbklaw.com APR 1 5 2924 3 BEST BEST & KRIEGER LLP 2855 East Guasti Road, Suite 400 4 Ontario, California 91761 BY: V - ' Le 3"8 meda' DePU‘V Telephone: (909) 989-8584 5 Facsimile: (909) 944-1441 6 Attorneys for Plaintiff, EXEMPT FROM FILING FEES PURSUANT T0 V“ CITY OF ONTARIO GOV- CODE § 6103 j i y 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA d; 9 COUNTY OF SAN BERNARDINO a 10 RANCHO CUCAMONGA DISTRICT g 11 CITY OF ONTARIO, a California ‘ Case No. CIVSB2301897 LLP E g municipal corporation, on behalf of the 5% cf: 12 PEOPLE OF THE STATE OF Hon. Judge: Tony Raphael KRIEGER CALIFORNIA, Department R17— Rancho Cucamonga g g Z 13 Unlimited Jurisdiction a é E & Plaintiff and Petitioner, é 35, BEST 14 E: é § g v. DECLARATION OF DOUGLAS I. BEST E 15 MENDOZA IN SUPPORT OF ROBERTO C. SYLVESTER, an individual; MOTION TO APPOINT A 16 VILLAGE CAPITAL & INVESTMENTS, RECEIVER PURSUANT T0 LLC, a Delaware limited liability company; CALIFORNIA HEALTH AND 17 and DOES 1 through 25, inclusive, SAFETY CODE, SECTION 17980.7(c) 18 Defendants and Respondents. Date: May 14, 2024 19 Time: 8:30 a.m. Dept: Dept. R17 20 . [Concurrently Filed with Notice; 21 Memorandum ofPoim‘s & Authorities; Supporting Declarations; Requestfor 7—2 Judicial Notice; and (Proposed) Order] 23 Action Filed: March 8, 2023 Trial Date: None set 24 25 26 27 28 46700‘61050\42167204‘1 DECLARATION 0F DOUGLAS I. MENDOZA DECLARATION OF DOUGLAS I. MENDOZA I, Douglas I. Mendoza, being duly sworn, personally appeared before the Court on this day, and under oath, declared the following: A 1. I am over 18 years of age, and I am employed in the County 0f San Bernardino, California. I am a Community Improvement Officer, and at all times pertinent hereto, have been employed by the City of Ontario ("City"). My responsibilities include inspecting the conditions of \OOONQUI residential and commercial properties t0 determine whether Violations of the State Housing Law and the City's adopted codes exist. I am submitting this declaration in support ofthe City's Petitién to Appoint a Receiver ("Petition") for the real property described below. I have reviewed the case 10 file for the property located at 1448 West Clair Street, in the City of Ontario, California, Assessor’s 11 Parcel Number 101 1-521-15 (the "Property"), and thereby have personal knowledge of the 400 761 LLP could and would competently testify thereto. SUITE 91 12 following matters, and if called as a witness, I LAW KRJEGER ROAD, AT CALIFORNIA 13 2. The PrOperty is a single-family residence and has been declared dangerous and a & GUASTI ATTORNEYS BEST 14 public nuisance per se. The Property is substandard, unsanitary, has unpermitted additions, and is ONTARIO, EAST BEST 2855 15 currently occupied. 16 3. I am informed and believe that the Property is currently on record being owned by 17 Roberto C. Sylvester, a single man (the “Owner”). I am also informed that Defendant Village 18 Capital & Investments, LLC, a Delaware limited liability company has a legal interest in the 19 Property, under a Deed 0f Trust dated December 14, 2020 as recorded With the San Bemardino 20 County Recorder’s Office on December 18, 2020, as Document No. 2020-5 1 7861 8. 21 4. The Property has been declared a per se public nuisance due to violations 0f the 22 Ontario Municipal Code (“OMC”) and has been the subject of City of Ontario Community 23 Improvement Department efforts since at least October 2012, when the City received a complaint 24 regarding a unit, built 0n top 0f the garage, on the Property that was being rented out without 25 permits or approval from the City. On or about November 6, 2012, the City conducted an initial 26 inspection 0f the Property. Community Improvement Officer Gus Gonzalez met with prior owner 27 Ruben Marquez and his contractor at the Property. The contractor gave Officer Gonzalez a letter 28 dated November 5, 2012 authorizing him t0 speak With the City regarding the Property. _ 2 _ 46700‘61050\42167204-1 DECLARATION 0F DOUGLAS I. MENDOZA