Motion-Secondary: City of Colton -v- Palacios et al Print

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                                CHARISSE L. SMITH, Bar No. 213646                                  SUPERIOR COURT OF CALIFORNIA
            charisse.smith@bbklaw.com                                            COUNTY OF SAN BERNARDINO:
                                                                                  SAN BERNARDINO DISTRICT
            BEST BEST & KRIEGER LLP
            2855 E. Guasti Road, Suite 400                                               MAR 6 8 2024
            Ontario, California 91761
            Telephone:          (909) 989-8584
            Facsimile:          (909) 944-1441
            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 6103



                                      SUPERIOR COURT OF THE STATE OF CALIFORNIA

                       COUNTY OF SAN BERNARDINO — SAN BERNARDINO JUSTICE CENTER

       10

       11   CITY OF COLTON, a California municipal             Case No. CIVSB2302677
            corporation, on behalf of the PEOPLE OF THE        Judge: Hon. Joseph T. Ortiz
       12   STATE OF CALIFORNIA,                               Dept.: S17—SBJC

                                     Plaintiff,                UNLIMITED JURISDICTION

       14            Vv.                                       OPPOSITION TO EX PARTE
                                                               APPLICATION FOR ORDER TO
       15   KARLA          L. PALACIOS, an individual; YCCS,   EXPUNGE NOTICE OF PENDENCY
            a Hawaii limited liability company; MCNOON         OF ADMINISTRATIVE
       16   CRYSTAL IMPORT, INC., a California                 PROCEEDINGS AND NOTICE OF
            corporation; and DOES 1 through 25, inclusive,     PENDENCY OF ACTION (LIS
       17                                                      PENDENS)
                                     Defendants.
       18                                                      Filed Concurrently with:

 x
 =
       19                                                      1. Declaration of Charisse L. Smith; and
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       20                                                      2. Copy of Declaration of Rachel Carnell.
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Ge     21                                                      Ex Parte Hearing Date:

       22                                                      Date:             March 8, 2024
                                                               Time:              1:30    pm
       23                                                      Dept:             $17—SBJC

       24                                                      Action Filed:     April 3, 2023
QO     25
                                                               Trial Date:       Not set
wif)
       26

       27

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            23152.61010\42089876.1   OPPOSITION TO EX PARTE APPLICATION FOR ORDER TO
                               EXPUNGE NOTICE OF PENDENCY OF ADMINISTRATIVE PROCEEDINGS
I          INTRODUCTION

              This is the classic case of “no good deed goes unpunished.” The case began in 2017, almost

     immediately after Defendant Palacios purchased the Property from her friend Manfred Bals. For

     YEARS, the City and City’s attorney have been trying to work with Defendant Palacios and her

     ex-husband Andres Palacios on bringing the property located at 247 South 7th Street, in the City

     of Colton, California, Assessor’s Parcel Numbers: 0163-072-30; 0163-072-31; 0163-072-37; 0163-

     072-26; and 0163-072-29 (the “Property”)         into compliance with the Colton Municipal Code

     (“CMC”). Plans have been submitted, and several permits have been obtained, and have expired

     without inspections by the Building Department. Over the years, the Property has either sat idly

10   vacant, or has been used to shelter and house the Palacios family members during the pandemic.

11   All the while, the legitimate violations pointed out by the City have been ignored. Due to the

12   violations, the City recorded an administrative notice in 2020, as allowed by the Health and Safety

13   Code. After nearly an additional 3 years of litigation, the City filed a lawsuit for Nuisance

14   Abatement and Petition to Appoint a Receiver to correct the violations, and later recorded a Lis

15   Pendens concerning the lawsuit and the City’s potential appointment of a receiver.          A Motion to

16   Appoint a Receiver is scheduled to be heard on May 8, 2023.

17             Defendant recently alleges after 7 years of owning the Property, and 7 years of failing to

18   correct the violations, that it is Plaintiff City of Colton that has hindered her ability to correct the

19   violations because she cannot refinance the Property unless the City removes the lien. Since

20   October of 2023, the City has been attempting to work with Defendant on a stipulation regarding

21   the violations, so that the administrative lien could be temporarily lifted. However, Defendant has

22   refused to meet with City representatives at the Property to develop a scope of work for such

23   stipulation.

24             The bottom line is that the City is entitled to record an Administrative notice of its

25   proceedings against the Property, and lift that lien when the violations have been corrected. Due to

26   a technical error, and based on the request of Defendant        Palacios, the City will withdraw the

27   recently recorded lis pendens, Document No. 2024-0016340, so as to properly serve Ms. Palacios

28   in accord with Code of Civil Procedure Section 405.23, which requires strict compliance.
                                                        -2-
     23152.61010\42089876.1    OPPOSITION TO EX PARTE APPLICATION FOR ORDER TO
                         EXPUNGE NOTICE OF PENDENCY OF ADMINISTRATIVE PROCEEDINGS