Preview
1 DOUGLAS T. SLOAN, City Attorney
CITY OF FRESNO
2 By: Erica M. Camarena, Chief Assistant City Attorney (227981)
Sarah A. Papazian, Deputy City Attorney (318270)
3
2600 Fresno Street, Room 2031 RECEIVED
4 Fresno, California 93721-3602 6/10/2020 1:23 PM
Telephone: (559) 621-7500
5 FRESNO COUNTY SUPERIOR COURT
Facsimile: (559) 457-1084 Exempt from Filing Fees Pursuant
By: Louana Peterson, Deputy to Government Code section 6103
6 Attorneys for Petitioners City of Fresno
and People of the State of California
7
8
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
l
IN AND FOR THE COUNTY OF FRESNO
10
11 CITY OF FRESNO, a municipal corporation, Case No.: 20CECG01636
PEOPLE OF THE STATE OF CALIFORNIA
12
[AMENDED] [PROPOSED] ORDER
13 Petitioners, ) APPOINTING RECEIVER PURSUANT
) TO CALIFORNIA HEALTH AND
14 vs. SAFETY CODE SECTION 17980. 7
15
SPIRIT OF WOMAN OF CALIFORNIA
16 INC.; and DOES 1 THROUGH 50, inclusive
17
18
Respondents. l Action filed: 6/8/2020
19
20
The Court having considered the City of Fresno's (City) Application for Appointment of
21
Receiver and good cause appearing therefore, the Court makes the following findings:
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FINDINGS
23
1. Respondent, Spirit of Woman of California, Inc., (Respondent) is the owner of the
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real property, which is the subject of these proceedings, and is located at Assessor's Parcel
25
Number 458-131-17, comprised of 315-381 West Belmont Avenue and 433 North Arthur Avenue
26
27 (Property). The Legal Description of the Property is as follows:
28 Ill
CITY ATTORNEY City of Fresno v. Spirit of Woman of California, et al.
CITY HALL [Amended ][Proposed] Order Appointing Receiver
FRESNO, CA 93721
Case No. 20CECGO 1636
1 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF FRESNO,
2 COUNTY OF FRESNO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
3 PARCEL 1:
4 THAT PORTION OF LOT 3 OF WEIHE HOME TRACT, IN THE CITY OF FRESNO,
5 COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF
6 RECORDED NOVEMBER 23, 1905, IN BOOK 3, PAGE 25 OF RECORD OF SURVEYS,
7 DESCRIBED AS FOLLOWS:
8 BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 3, 128 FEET WEST OF
9 THE NORTHEAST CORNER OF SAID LOT 3; THENCE WEST ALONG SAID NORTH
10 LINE, 70 FEET; THENCE AT RIGHT ANGLES SOUTH 275 FEET; THENCE AT RIGHT
11 ANGLES EAST 70 FEET; THENCE AT RIGHT ANGLES NORTH 275 FEET TO THE POINT
12 OF BEGINNING.
13 EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT
14 A POINT ON THE SOUTH LINE OF BELMONT AVENUE DISTANT THEREON 133.21
15 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 3; THENCE IN AN
16 EASTERLY DIRECTION ON A CURVE TO THE RIGHT OF A RADIUS OF 75 FEET, A
17 DISTANCE THEREON OF 64.82 FEET TO THE POINT OF BEGINNING OF A REVERSE
18 CURVE; THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID REVERSE CURVE
19 ON A RADIUS OF 210 FEET A DISTANCE OF 17.2 FEET, MORE OR LESS, TO ITS
20 INTERSECTION WITH THE EAST LINE OF SAID LOT 3; THENCE NORTH ALONG SAID
21 EAST LINE A DISTANCE OF 38.98 FEET TO ITS INTERSECTION WITH THE SOUTH
22 LINE OF BELMONT AVENUE; THENCE WEST ALONG SAID SOUTH LINE OF
23 BELMONT AVENUE A DISTANCE OF 68.79 FEET TO THE POINT OF BEGINNING.
24 PARCEL2:
25 THE WEST 132 FEET OF LOT 3 OF WEIHE HOME TRACT, IN THE CITY OF FRESNO,
26 COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF
27 RECORDED NOVEMBER 23, 1905, IN BOOK 3, PAGE 25 OF RECORD OF SURVEYS,
28 FRESNO COUNTY RECORDS;
2
CITY ATTORNEY City of Fresno v. Spirit of Woman of California, et al.
CITY HALL [Amended ] [Proposed] Order Appointing Receiver
FRESNO, CA 93721
Case No. 20CECG01636
1 EXCEPTING THEREFROM THE NORTH 10 FEET;
2 ALSO EXCEPTING THEREFROM THAT PORTION GRANTED TO THE CITY OF
3 FRESNO, BY DEED RECORDED MARCH 18, 1932, IN BOOK 1205, PAGE 295 OF
4 OFFICIAL RECORDS, DOCUMENT NO. 6261.
5 PARCEL3:
6 LOTS 3, 4, 5, 6, 7, 8, 9, 10, 11 AND 12 OF CARPENTER'S ADDITION, IN THE CITY OF
7 FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP
8 THEREOF RECORDED SEPTEMBER 7, 1923, IN BOOK 10, PAGE 21 OF PLATS, FRESNO
9 COUNTY RECORDS TOGETHER WITH THAT PORTION OF THE ALLEY ADJACENT TO
10 AND WESTERLY OF LOTS 4 TO 12 WHICH WAS ABANDONED BY ORDER OF THE
11 BOARD OF SUPERVISORS RECORDED NOVEMBER 14, 1931, IN BOOK 1178, PAGE 457
12 OF OFFICIAL RECORDS.
13 EXCEPTING THEREFROM THE NORTH 8 FEET OF LOT 3.
14 PARCEL 4:
15 THE SOUTH 157 FEET OF THE NORTH 432 FEET OF THE EAST 100 FEET OF LOT 4 OF
16 WEIHE HOME TRACT, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF
17 CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED NOVEMBER 23, 1905,
18 IN BOOK 3, PAGE 25 OF RECORD OF SURVEYS, FRESNO COUNTY RECORDS ..
19 2. Respondent is the holder of a Grant Deed on the Property recorded July 24, 2008,
20 as Document No. 2008-0105349. Title to the Property is vested in Spirit of Woman of California,
21 Inc.
22 3. State Bank of India (California) has been identified as holding a recorded interest
23 in the Property through a deed of trust recorded August 28, 2014.
24 4. DCR Mortgage 7 Sub 2, LLC has been identified as holding a recorded interest in
25 the Property through an assignment of deed of trust recorded August 30, 2017.
26 5. Valley National Bank has been identified as holding a recorded interest in the
27 Property through an assignment of beneficial interest recorded March 29, 2018.
28
3
CITY ATTORNEY City of Fresno v. Spirit of Woman of California, et al.
CITY HALL [Amended ][Proposed] Order Appointing Receiver
FRESNO, CA 93721
Case No. 20CECG01636
1 6. First American Title Insurance Company has been identified as holding a recorded
2 interest in the Property through a substitution of trustee recorded April 16, 2019.
3 7. The Property is currently being maintained in such a condition as to violate
4 California Health and Safety Codes, the Fresno Municipal Codes (FMC), and its adopted codes,
5 and is therefore found to be a nuisance.
6 8. Pursuant to Health and Safety Code section 17980.6, the violations are so
7 extensive and of such a nature that the health and safety of the occupants, neighboring residents,
8 and the general public are substantially endangered.
9 9. The City, as a local enforcement agency, properly issued Notices of Violations and
10 Orders to Repair directed to the Respondent on multiple occasions consistent with the
11 requirements set forth in Health and Safety Code sections 17980.6 and 17980.7.
12 10. Neither Respondent, nor any other interested party, has complied with the Notices
13 of Violations and Orders to Repair the Property within a reasonable time after their issuance.
14 11. Respondent has been afforded a reasonable opportunity to correct the conditions
15 cited in said Notices of Violations.
16 12. Respondent has been afforded their procedural due process rights guaranteed by
17 the California Constitution and the United States Constitution, including but not limited to receipt
18 of the notices of violations and an adequate and reasonable period of time to comply with the
19 Notices of Violations and Orders to Repair issued by the City, as well as notice and a reasonable
20 opportunity to be heard in connection with the City's Petition.
21 13. The substandard conditions at the Property will likely persist unless the Court
22 appoints a receiver to take possession of the Property and undertake responsibility for its
23 rehabilitation.
24 14. The City is the prevailing party in this matter and as such is entitled to its
25 attorneys' fees and costs pursuant to Health and Safety Code sections 17980.7(c)(ll) and
26 17980.7(d)(l).
27 15. Health and Safety Code sections 17960-17992 (Div. 13, Pt 1.5, Ch. 5, Art 1-3)
28 authorize the City to enforce the State Housing Law and to institute this special proceeding.
4
CITY ATTORNEY City of Fresno v. Spirit of Woman of California,et al.
CITY HALL [Amended ][Proposed] Order Appointing Receiver
FRESNO, CA 93721
Case No. 20CECG01636
1 16. Code of Civil Procedure section 564(a) authorizes the Court to appoint a receiver
2 to carry out certain duties.
3 17. Health and Safety Code section 17980.7 authorizes the Court to appoint a receiver
4 to carry out certain duties.
5 18. Health and Safety Code section 17983 authorizes the Court to make "any order"
6 for which an application is made pursuant to Health and Safety Code sections 17980-17992.
7 19. Pursuant to Health and Safety Code section 17992, any person who obtains an
8 ownership interest in the Property after notice of pendency of this action was recorded shall be
9 subject to any order to correct the violations cited herein.
10 20. California Receivership Group, PBC, through its president Mark S. Adams, the
11 nominee of the City, has demonstrated the capacity and expertise to develop and supervise a
12 viable financial and construction plan for the rehabilitation of the Property.
13 21. The Court finds that, given the severity and amount of work necessary to abate the
14 violations on the Property, the appointment of a receiver is a necessary measure to coordinate and
15 monitor the abatement of said violations.
16 ORDER
17 Accordingly, IT IS HEREBY ORDERED:
18 1. Pursuant to Health and Safety Code section 17980.7(c), California Receivership
19 Group, PBC, through its president Mark S. Adams, ("Receiver") is appointed as the receiver over
20 the Property and is delegated the duty and power to correct all of the existing violations existing
21 upon the Property and to see to it that the violations do not reoccur.
22 2. Prior to performing his duties, the Receiver shall execute a Receiver's oath and file
23 a bond in the sum of $10,000, conditioned upon the faithful performance of the Receiver's duties.
24 Powers and Duties
25 3. The Receiver is vested with the following powers and duties:
26 A. To take full and complete possession and control of the Property, including the
27 tangible and intangible personal property located in or about the Property or used
28 in connection with the Property.
5
CITY ATTORNEY City of Fresno v. Spirit of Woman of California, et al.
CITY HALL [Amended ][Proposed] Order Appointing Receiver
FRESNO, CA 93721
Case No. 20CECG01636
1 B. To manage the Property and pay all operating expenses, including taxes, insurance,
2 utilities, and general maintenance on the Property. To the extent there is any
3 outstanding debt, the Receiver shall not be required to pay for debt secured by the
4 Property, including mortgages or promissory notes secured by deeds of trust on the
5 Property. The Receiver shall not be obligated to contribute personal funds in the
6 performance of the duties hereunder. No obligation received by the Receiver of
7 the duties in accordance with this and other Orders of this Court shall be the
8 Receiver's personal obligation, but shall be the obligation of the receivership
9 estate.
10 C. To prepare a plan for rehabilitation of the Property to remedy the conditions giving
11 rise to the appointment of the Receiver, and any other conditions which require
12 remediation as may be discovered by the Receiver in the course of inspections of
13 the Property (Rehabilitation Plan and Cost Estimate) and to seek court approval of
14 that plan.
15 D. Following Court approval of the Rehabilitation Plan and the Cost Estimate, to
16 rehabilitate the Property consistent with the Rehabilitation Plan submitted to the
17 Court, to put the Property into compliance with all applicable state and local codes,
18 including the Uniform Housing Code, the Uniform Building Code, the Uniform
19 Plumbing Code, the California Building Code, the FMC and to otherwise render
20 the Property as a whole inhabitable as decent, safe and sanitary housing.
21 E. To enter into contracts for goods and services and employ licensed contractors for
22 repairs as necessary to bring the Property into compliance with applicable codes
23 and to render the Property habitable as decent, safe, and sanitary housing,
24 including without limitation contracts with:
25 • Any maintenance and repair compames or personnel and any property
26 manager or project manager;
27 • Any licensed engineer or other building professional to inspect and
28 evaluate the condition and rehabilitation potential of the Property;
6
CITY ATTORNEY City of Fresno v. Spirit of Woman of California, et al.
CITY HALL [Amended ][Proposed] Order Appointing Receiver
FRESNO, CA 93721
Case No. 20CECG01636
1 • Any licensed architect, draftsperson, or other design professional to furnish
2 plans and specifications for the rehabilitation of the Property;
3 • Any licensed general contractor, subcontractor, supplier or manufacturer to
4 provide labor, services, goods, materials or equipment needed to manage,
5 maintain, or rehabilitate the Property;
6 • Any construction manager;
7 • Any bank, lending institution, or government housing finance agency;
8 • Any title company;
9 • Any real estate appraiser;
10 • Any accountant or bookkeeper; and
11 • Any locksmith or security company to obtain access or to maintain the
12 security of the Property.
13 F. To empty the Property of all occupants (if any), and temporarily or permanently
14 relocate the Property's occupants (if any) as appropriate.
15 G. To borrow funds as necessary to pay for the cost of the rehabilitation work,
16 relocation benefits, design and engineering work, permits, property management
17 and maintenance, taxes, insurance, legal fees, receiver's fees and interim fees, and
18 other costs of the Receivership, and to secure that debt with a recorded first
19 priority lien on the Property for the amount borrowed. As allowed by Health and
20 Safety Code section 17980.7, the Receiver may also record at the County
21 Recorder's Office a first lien (Receiver's Certificate of Indebtedness) on the
22 Property that shall have super priority as to any preexisting private lien(s) and
23 encumbrance( s), except against federal, state or county tax lien(s), for any monies
24 owed to the Receiver for the estimated costs of operating the receivership,
25 including receiver's fees and costs advanced or expended by the Receiver for the
26 purposes authorized by this order or subsequent orders issued in this action.
27 H. To issue and record Receiver's Certificates oflndebtedness and/or a Deed of Trust
28 against the Property to evidence and secure the above debt, which shall become a
7
CITY ATTORNEY City of Fresno v. Spirit of Woman of California, et al.
CITY HALL [Amended ][Proposed] Order Appointing Receiver
FRESNO, CA 93721
Case No. 20CECG01636
1 first lien on the Property with super priority over all preexisting private liens and
2 encumbrances, except for federal, state or county tax liens. The Receiver's
3 Certificate shall be issued for such amounts and for such items as the Court may
4 hereafter expressly authorize, upon notice and after hearing as herein provided.
5 The debt evidenced by said Certificates shall be due and payable upon the
6 completion of the Receiver's duties hereunder with respect to the rehabilitation of
7 the subject Property and, if applicable, the issuance of a Certificate of Occupancy
8 by the City of Fresno. If at the time this debt is not satisfied, the Receiver or the
9 holder of the Certificate may apply to this Court on notice and hearing to sell the
10 Property pursuant to the California Code of Civil Procedure section 568.5 free and
11 clear of subordinate liens and encumbrances.
12 I. To open one or more bank accounts in his name as Receiver or in the name of the
13 Receivership Estate at any federally-insured bank, savings and loan, credit union,
14 or similar financial institution.
15 J. To prepare monthly reports to the City, which must include the total amount of any
16 rent received, the nature and amount of any operating or repair contracts, payments
17 made to repair and operate the Property, other payments made, and the progress of
18 necessary repairs to the Property.
19 K. To file with the Court within thirty calendar days of the effective date of this Order
20 an inventory containing a complete and detailed listof all property of which the
21 Receiver has taken possession, and to promptly file a supplementary inventory of
22 any subsequently obtained property.
23 L. To render interim accountings and reports on at least a quarterly basis to this
24 Court, and to render a final accounting to this Court at the conclusion of the
25 Receivership.
26 M. To pay the City its attorneys' fees and costs, as the prevailing party, out of the
27 Receivership Estate with the same priority as the Receiver's lien(s), pursuant to
28 Health and Safety Code sections 17980.7(c)(l 1) and 17980.7(d)(l).
8
CITY ATTORNEY City of Fresno v. Spirit of Woman of California, et al.
CITY HALL [Amended ] [Proposed] Order Appointing Receiver
FRESNO, CA 93721
Case No. 20CECG01636
1 N. To sell the Property, pursuant to Code of Civil Procedure section 568.5 or by
2 private sale, if necessary, subject to the prior approval and confirmation of this
3 Court.
4 0. To record a certified copy of this Order with the Fresno County Recorder's Office.
5 P. To exercise the powers granted to receivers under section 568 of the Code of Civil
6 Procedure.
7 Q. To apply to this Court for further or other instructions or orders and for further
8 powers necessary to enable the Receiver to perform his duties properly, or to
9 address unforeseen circumstances that may arise with respect to this Receivership.
10 Possession and Control
11 4. IT IS FURTHER ORDERED: That Respondent, their partners, assignees,
12 successors, representatives, managers, agents, attorneys, employees, and all other persons acting
13 under or in concert with Respondent are hereby ordered to:
14 A. Immediately relinquish and tum over possession of the Property to the Receiver;
15 B. Immediately tum over to the Receiver and direct all property managers or other
16 agents or employees to tum over all keys to the Property and any books or records
17 with respect to the Property as requested by the Receiver;
18 C. Immediately advise the Receiver as to the nature and extent of insurance coverage
19 on the Property, and name the Receiver as an additional insured on liability
20 insurance policies for so long as the Receiver remains in possession;
21 D. Forward to the Receiver all bills which they may receive in connection with the
22 Property; and
23 E. Respondent shall within 10 days hereof provide the Receiver with their social
24 security numbers, taxpayer identification numbers, or employers' identification
25 numbers so that the Receiver may report the existence of this receivership to the
26 Internal Revenue Service by completion of a form SS-4 form, and the Receiver is
27 hereby authorized to apply for a taxpayer identification number if required to carry
28 out his duties in this case.
9
CITY ATTORNEY City of Fresno v. Spirit of Woman of California, et al.
CITY HALL [Amended ][Proposed] Order Appointing Receiver
FRESNO, CA 93721
Case No. 20CECG01636
1 Injunctive Orders
2 5. IT IS FURTHER ORDERED: Respondent, their partners, assignees, successors,
3 representatives, managers, agents, attorneys, employees and all persons acting under or with
4 concert with Respondents, are hereby enjoined at all times until the Receiver is discharged from:
5 A. Demanding, collecting, receiving, or diverting any rents, profits, or income from
6 the Property;
7 B. Interfering with the Receiver, directly or indirectly, m the conduct of the
8 receivership;
9 C. Encumbering, mortgaging, liening, leasing, renting, selling or transferring the
10 Property or any interest in it;
11 D. Canceling, reducing, or modifying any existing insurance coverage with respect to
12 the Property;
13 E. Entering upon the Property or into any structure located on the Property without
14 first having received the Receiver's written consent;
15 F. Commencing or continuing any foreclosure or similar process, including non-
16 judicial foreclosure and trustee sale proceedings, and further including the filing of
17 any notice of default or notice of trustee's sale;
18 G. Commencing or continuing any action which impairs or precludes the Receiver's
19 ability to obtain policies of title insurance needed to implement the actions
20 authorized by this Order;
21 H. Removing any furniture, fixture or item of personal property from the Subject
22 Property without first having received the Receiver's written consent; and
23 I. Claiming any deduction with respect to state income taxes for interest, taxes,
24 expenses, depreciation, or amortization paid or incurred with respect to the
25 Property for 2019 and all future years during the pendency of the receivership.
26 Receiver's Compensation
27 6. IT IS FURTHER HEREBY ORDERED that the Receiver will be entitled to
28 recovery of his costs and expenses incurred as a result of this Receivership. Further, Receiver
10
CITY ATTORNEY City ofFresno v. Spirit of Woman of California, et al.
CITY HALL [Amended ][Proposed] Order Appointing Receiver
FRESNO, CA 93721
Case No. 20CECG01636
1 may also employ the services of a property management company as needed. The Receiver's
2 compensation shall be subject to review and final approval by this Court upon notice and hearing
3 at the time the Receiver presents a Final Report and Final Accounting, which accounting shall be
4 accompanied by records adequately documenting the rehabilitation and property management
5 services rendered by the Receiver.
6 7. IT IS FURTHER HEREBY ORDERED that the Receiver is permitted to fund
7 an initial $50,000 Certificate of Indebtedness with super priority status to cover the cost of
8 securing the Property, enlisting contractors to bid the cost of rehabilitation and the initial cost of
9 managing and stabilizing the Property and administering the Receivership Estate.
10 8. IT IS FURTHER HEREBY ORDERED that should any lawful order issued by
11 the Receiver, under the authority granted herein, be refused, that the Receiver is authorized to
12 enlist the assistance of the any duly authorized police officer(s) and further that such police
13 officer(s) are authorized to employ all reasonably necessary measures to secure cooperation and
14 compliance with any lawful order issued by the Receiver, including but not limited to, the use of
15 forced entry onto/into the Property should consent to enter be refused.
16 Reimbursement of the City's Fees and Costs
17 9. IT IS FURTHER HEREBY ORDERED that the City, as the prevailing party, is
18 entitled to recover its attorneys' fees, ordinary costs and administrative costs, inspection costs,
19 investigation costs, and costs to repair and eliminate all substandard conditions. The amount shall
20 be established at such time as the City makes a further application or the Receiver is ordered to
21 pay such costs, or the Receiver is discharged, whichever comes first. The City's costs and fees
22 may be paid out the receivership certificate as approved by the Court.
23 10. IT IS FURTHER HEREBY ORDERED that the City's attorney's fees and costs
24 are given the same priority as the Receiver's and both are entitled to super priority status over any
25 preexisting lien(s), except for any federal, state or county tax lien(s).
26 Ill
27 Ill
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11
CITY ATTORNEY City of Fresno v. Spirit of Woman of California, et al.
CITY HALL [Amended ][Proposed] Order Appointing Receiver
FRESNO, CA 93721
Case No. 20CECG01636
1 Status Conference
2 11. IT IS FURTHER HEREBY ORDERED that a STATUS CONFERENCE in the
3 above action has been scheduled for - -- -- - - - - - - - - - -, at - ---
4 a.m./p.m. in Department ____ ofthe Fresno County Superior Court. The City shall file with
5 the Court and serve upon all parties a declaration setting forth the status of the rehabilitation of
6 the Property as well as any other names to be completed before the Receiver is discharged.
7 Failure to Comply and Reservation of Right
8 12. Failure to comply with any abatement order, or other order contained herein, shall
9 be punishable by civil contempt, penalties under Health and Safety Code sections 17995-17995.5
10 (Div.13, Pt. 1.5, Ch. 6), and any other penalties and fines as are available.
11 13. This Court shall maintain jurisdiction over the Property (Receivership Estate)
12 during the duration of this receivership. The Court issues this Order pursuant to its authority
13 under California Health and Safety Code. The Court expressly retains jurisdiction to modify this
14 Order as the ends of justice may require. The Court may hear and decide issues regarding the
15 scope and effect of the injunctive provisions, herein. The Court can modify any of the injunctive
16 provisions hereof and take such further action as may be necessary or appropriate to carry into
17 effect the injunctive provisions hereof, and for the punishment of violations of same, if any. The
18 City has the authority under California Law and the Fresno Municipal Codes to maintain this
19 action for the protection of the People of the State of California and the citizens of the City of
20 Fresno concerning the conduct alleged in the Petition.
21 IT IS SO ORDERED.
22
Dated:
23
Judge of the Superior Court
24
SAP:cg; 132575
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12
CITY ATTORNEY City of Fresno v. Spirit of Woman of California, et al.
CITY HALL [Amended ][Proposed] Order Appointing Receiver
FRESNO, CA 93721 Case No. 20CECG01636
PROOF OF SERVICE
1 CCP §§ 1011, 1013, 1013a, 2015.5
FRCP 5(b)
2
STATE OF CALIFORNIA, COUNTY OF FRESNO
3
I am employed in the County of Fresno, State of California. I am over the age of 18 and not a party to the
4 within action; my business address is 2600 Fresno Street, Fresno, CA 93721-3602.
5 On June 10, 2020, I served the document described as [AMENDED] [PROPOSED] ORDER
APPOINTING RECEIVER PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE
6 SECTION 17980. 7 on the interested parties in this action by placing true copies thereof enclosed in sealed
envelopes and addressed as stated on the mailing list below:
7
Lorena Perez - Director of Spirit of Woman of Nikki Hobbs - Agent for Service of Process
8 California Inc. 327 W. Belmont Ave.
PO Box 12426 Fresno, CA 93 728
9 Fresno, CA 93 777
10 Nikki Hobbs - Agent for Service of Process State Bank of India (California)
108 N 9th St, Attn: Note Department
11 Fresno, CA 93702-2125 707 Wilshire Blvd, 29th Floor
Los Angeles, CA 90017
12 State Bank oflndia (California) First American Title Insurance
Fresno Branch 4380 La Jolla Village Dr., #110
13 2787 W. Shaw Ave., Ste. 101 San Diego, CA 92122
Fresno CA 93 711
14
Valley National Bank Valley National Bank
15 4790 140th Avenue North C/0 Shumaker, Loop & Kendrick, LLP
Clearwater, Florida 33762 Attn: W. Kent Ihrig, Esq.
16 101 East Kennedy Boulevard, Suite 2800
Tampa, Florida 33602
17 Directed Capital VIA E-MAIL ONLY:
Attn.: Jordan Zavislak, VP Fresno County Auditor-Controller/Treasurer-Tax
18 10650 Scripps Ranch Blvd, Ste. 210 Collector
Preview
1 DOUGLAS T. SLOAN, City Attorney CITY OF FRESNO 2 By: Erica M. Camarena, Chief Assistant City Attorney (227981) Sarah A. Papazian, Deputy City Attorney (318270) 3 2600 Fresno Street, Room 2031 RECEIVED 4 Fresno, California 93721-3602 6/10/2020 1:23 PM Telephone: (559) 621-7500 5 FRESNO COUNTY SUPERIOR COURT Facsimile: (559) 457-1084 Exempt from Filing Fees Pursuant By: Louana Peterson, Deputy to Government Code section 6103 6 Attorneys for Petitioners City of Fresno and People of the State of California 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 l IN AND FOR THE COUNTY OF FRESNO 10 11 CITY OF FRESNO, a municipal corporation, Case No.: 20CECG01636 PEOPLE OF THE STATE OF CALIFORNIA 12 [AMENDED] [PROPOSED] ORDER 13 Petitioners, ) APPOINTING RECEIVER PURSUANT ) TO CALIFORNIA HEALTH AND 14 vs. SAFETY CODE SECTION 17980. 7 15 SPIRIT OF WOMAN OF CALIFORNIA 16 INC.; and DOES 1 THROUGH 50, inclusive 17 18 Respondents. l Action filed: 6/8/2020 19 20 The Court having considered the City of Fresno's (City) Application for Appointment of 21 Receiver and good cause appearing therefore, the Court makes the following findings: 22 FINDINGS 23 1. Respondent, Spirit of Woman of California, Inc., (Respondent) is the owner of the 24 real property, which is the subject of these proceedings, and is located at Assessor's Parcel 25 Number 458-131-17, comprised of 315-381 West Belmont Avenue and 433 North Arthur Avenue 26 27 (Property). The Legal Description of the Property is as follows: 28 Ill CITY ATTORNEY City of Fresno v. Spirit of Woman of California, et al. CITY HALL [Amended ][Proposed] Order Appointing Receiver FRESNO, CA 93721 Case No. 20CECGO 1636 1 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF FRESNO, 2 COUNTY OF FRESNO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: 3 PARCEL 1: 4 THAT PORTION OF LOT 3 OF WEIHE HOME TRACT, IN THE CITY OF FRESNO, 5 COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF 6 RECORDED NOVEMBER 23, 1905, IN BOOK 3, PAGE 25 OF RECORD OF SURVEYS, 7 DESCRIBED AS FOLLOWS: 8 BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 3, 128 FEET WEST OF 9 THE NORTHEAST CORNER OF SAID LOT 3; THENCE WEST ALONG SAID NORTH 10 LINE, 70 FEET; THENCE AT RIGHT ANGLES SOUTH 275 FEET; THENCE AT RIGHT 11 ANGLES EAST 70 FEET; THENCE AT RIGHT ANGLES NORTH 275 FEET TO THE POINT 12 OF BEGINNING. 13 EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT 14 A POINT ON THE SOUTH LINE OF BELMONT AVENUE DISTANT THEREON 133.21 15 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 3; THENCE IN AN 16 EASTERLY DIRECTION ON A CURVE TO THE RIGHT OF A RADIUS OF 75 FEET, A 17 DISTANCE THEREON OF 64.82 FEET TO THE POINT OF BEGINNING OF A REVERSE 18 CURVE; THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID REVERSE CURVE 19 ON A RADIUS OF 210 FEET A DISTANCE OF 17.2 FEET, MORE OR LESS, TO ITS 20 INTERSECTION WITH THE EAST LINE OF SAID LOT 3; THENCE NORTH ALONG SAID 21 EAST LINE A DISTANCE OF 38.98 FEET TO ITS INTERSECTION WITH THE SOUTH 22 LINE OF BELMONT AVENUE; THENCE WEST ALONG SAID SOUTH LINE OF 23 BELMONT AVENUE A DISTANCE OF 68.79 FEET TO THE POINT OF BEGINNING. 24 PARCEL2: 25 THE WEST 132 FEET OF LOT 3 OF WEIHE HOME TRACT, IN THE CITY OF FRESNO, 26 COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF 27 RECORDED NOVEMBER 23, 1905, IN BOOK 3, PAGE 25 OF RECORD OF SURVEYS, 28 FRESNO COUNTY RECORDS; 2 CITY ATTORNEY City of Fresno v. Spirit of Woman of California, et al. CITY HALL [Amended ] [Proposed] Order Appointing Receiver FRESNO, CA 93721 Case No. 20CECG01636 1 EXCEPTING THEREFROM THE NORTH 10 FEET; 2 ALSO EXCEPTING THEREFROM THAT PORTION GRANTED TO THE CITY OF 3 FRESNO, BY DEED RECORDED MARCH 18, 1932, IN BOOK 1205, PAGE 295 OF 4 OFFICIAL RECORDS, DOCUMENT NO. 6261. 5 PARCEL3: 6 LOTS 3, 4, 5, 6, 7, 8, 9, 10, 11 AND 12 OF CARPENTER'S ADDITION, IN THE CITY OF 7 FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP 8 THEREOF RECORDED SEPTEMBER 7, 1923, IN BOOK 10, PAGE 21 OF PLATS, FRESNO 9 COUNTY RECORDS TOGETHER WITH THAT PORTION OF THE ALLEY ADJACENT TO 10 AND WESTERLY OF LOTS 4 TO 12 WHICH WAS ABANDONED BY ORDER OF THE 11 BOARD OF SUPERVISORS RECORDED NOVEMBER 14, 1931, IN BOOK 1178, PAGE 457 12 OF OFFICIAL RECORDS. 13 EXCEPTING THEREFROM THE NORTH 8 FEET OF LOT 3. 14 PARCEL 4: 15 THE SOUTH 157 FEET OF THE NORTH 432 FEET OF THE EAST 100 FEET OF LOT 4 OF 16 WEIHE HOME TRACT, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF 17 CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED NOVEMBER 23, 1905, 18 IN BOOK 3, PAGE 25 OF RECORD OF SURVEYS, FRESNO COUNTY RECORDS .. 19 2. Respondent is the holder of a Grant Deed on the Property recorded July 24, 2008, 20 as Document No. 2008-0105349. Title to the Property is vested in Spirit of Woman of California, 21 Inc. 22 3. State Bank of India (California) has been identified as holding a recorded interest 23 in the Property through a deed of trust recorded August 28, 2014. 24 4. DCR Mortgage 7 Sub 2, LLC has been identified as holding a recorded interest in 25 the Property through an assignment of deed of trust recorded August 30, 2017. 26 5. Valley National Bank has been identified as holding a recorded interest in the 27 Property through an assignment of beneficial interest recorded March 29, 2018. 28 3 CITY ATTORNEY City of Fresno v. Spirit of Woman of California, et al. CITY HALL [Amended ][Proposed] Order Appointing Receiver FRESNO, CA 93721 Case No. 20CECG01636 1 6. First American Title Insurance Company has been identified as holding a recorded 2 interest in the Property through a substitution of trustee recorded April 16, 2019. 3 7. The Property is currently being maintained in such a condition as to violate 4 California Health and Safety Codes, the Fresno Municipal Codes (FMC), and its adopted codes, 5 and is therefore found to be a nuisance. 6 8. Pursuant to Health and Safety Code section 17980.6, the violations are so 7 extensive and of such a nature that the health and safety of the occupants, neighboring residents, 8 and the general public are substantially endangered. 9 9. The City, as a local enforcement agency, properly issued Notices of Violations and 10 Orders to Repair directed to the Respondent on multiple occasions consistent with the 11 requirements set forth in Health and Safety Code sections 17980.6 and 17980.7. 12 10. Neither Respondent, nor any other interested party, has complied with the Notices 13 of Violations and Orders to Repair the Property within a reasonable time after their issuance. 14 11. Respondent has been afforded a reasonable opportunity to correct the conditions 15 cited in said Notices of Violations. 16 12. Respondent has been afforded their procedural due process rights guaranteed by 17 the California Constitution and the United States Constitution, including but not limited to receipt 18 of the notices of violations and an adequate and reasonable period of time to comply with the 19 Notices of Violations and Orders to Repair issued by the City, as well as notice and a reasonable 20 opportunity to be heard in connection with the City's Petition. 21 13. The substandard conditions at the Property will likely persist unless the Court 22 appoints a receiver to take possession of the Property and undertake responsibility for its 23 rehabilitation. 24 14. The City is the prevailing party in this matter and as such is entitled to its 25 attorneys' fees and costs pursuant to Health and Safety Code sections 17980.7(c)(ll) and 26 17980.7(d)(l). 27 15. Health and Safety Code sections 17960-17992 (Div. 13, Pt 1.5, Ch. 5, Art 1-3) 28 authorize the City to enforce the State Housing Law and to institute this special proceeding. 4 CITY ATTORNEY City of Fresno v. Spirit of Woman of California,et al. CITY HALL [Amended ][Proposed] Order Appointing Receiver FRESNO, CA 93721 Case No. 20CECG01636 1 16. Code of Civil Procedure section 564(a) authorizes the Court to appoint a receiver 2 to carry out certain duties. 3 17. Health and Safety Code section 17980.7 authorizes the Court to appoint a receiver 4 to carry out certain duties. 5 18. Health and Safety Code section 17983 authorizes the Court to make "any order" 6 for which an application is made pursuant to Health and Safety Code sections 17980-17992. 7 19. Pursuant to Health and Safety Code section 17992, any person who obtains an 8 ownership interest in the Property after notice of pendency of this action was recorded shall be 9 subject to any order to correct the violations cited herein. 10 20. California Receivership Group, PBC, through its president Mark S. Adams, the 11 nominee of the City, has demonstrated the capacity and expertise to develop and supervise a 12 viable financial and construction plan for the rehabilitation of the Property. 13 21. The Court finds that, given the severity and amount of work necessary to abate the 14 violations on the Property, the appointment of a receiver is a necessary measure to coordinate and 15 monitor the abatement of said violations. 16 ORDER 17 Accordingly, IT IS HEREBY ORDERED: 18 1. Pursuant to Health and Safety Code section 17980.7(c), California Receivership 19 Group, PBC, through its president Mark S. Adams, ("Receiver") is appointed as the receiver over 20 the Property and is delegated the duty and power to correct all of the existing violations existing 21 upon the Property and to see to it that the violations do not reoccur. 22 2. Prior to performing his duties, the Receiver shall execute a Receiver's oath and file 23 a bond in the sum of $10,000, conditioned upon the faithful performance of the Receiver's duties. 24 Powers and Duties 25 3. The Receiver is vested with the following powers and duties: 26 A. To take full and complete possession and control of the Property, including the 27 tangible and intangible personal property located in or about the Property or used 28 in connection with the Property. 5 CITY ATTORNEY City of Fresno v. Spirit of Woman of California, et al. CITY HALL [Amended ][Proposed] Order Appointing Receiver FRESNO, CA 93721 Case No. 20CECG01636 1 B. To manage the Property and pay all operating expenses, including taxes, insurance, 2 utilities, and general maintenance on the Property. To the extent there is any 3 outstanding debt, the Receiver shall not be required to pay for debt secured by the 4 Property, including mortgages or promissory notes secured by deeds of trust on the 5 Property. The Receiver shall not be obligated to contribute personal funds in the 6 performance of the duties hereunder. No obligation received by the Receiver of 7 the duties in accordance with this and other Orders of this Court shall be the 8 Receiver's personal obligation, but shall be the obligation of the receivership 9 estate. 10 C. To prepare a plan for rehabilitation of the Property to remedy the conditions giving 11 rise to the appointment of the Receiver, and any other conditions which require 12 remediation as may be discovered by the Receiver in the course of inspections of 13 the Property (Rehabilitation Plan and Cost Estimate) and to seek court approval of 14 that plan. 15 D. Following Court approval of the Rehabilitation Plan and the Cost Estimate, to 16 rehabilitate the Property consistent with the Rehabilitation Plan submitted to the 17 Court, to put the Property into compliance with all applicable state and local codes, 18 including the Uniform Housing Code, the Uniform Building Code, the Uniform 19 Plumbing Code, the California Building Code, the FMC and to otherwise render 20 the Property as a whole inhabitable as decent, safe and sanitary housing. 21 E. To enter into contracts for goods and services and employ licensed contractors for 22 repairs as necessary to bring the Property into compliance with applicable codes 23 and to render the Property habitable as decent, safe, and sanitary housing, 24 including without limitation contracts with: 25 • Any maintenance and repair compames or personnel and any property 26 manager or project manager; 27 • Any licensed engineer or other building professional to inspect and 28 evaluate the condition and rehabilitation potential of the Property; 6 CITY ATTORNEY City of Fresno v. Spirit of Woman of California, et al. CITY HALL [Amended ][Proposed] Order Appointing Receiver FRESNO, CA 93721 Case No. 20CECG01636 1 • Any licensed architect, draftsperson, or other design professional to furnish 2 plans and specifications for the rehabilitation of the Property; 3 • Any licensed general contractor, subcontractor, supplier or manufacturer to 4 provide labor, services, goods, materials or equipment needed to manage, 5 maintain, or rehabilitate the Property; 6 • Any construction manager; 7 • Any bank, lending institution, or government housing finance agency; 8 • Any title company; 9 • Any real estate appraiser; 10 • Any accountant or bookkeeper; and 11 • Any locksmith or security company to obtain access or to maintain the 12 security of the Property. 13 F. To empty the Property of all occupants (if any), and temporarily or permanently 14 relocate the Property's occupants (if any) as appropriate. 15 G. To borrow funds as necessary to pay for the cost of the rehabilitation work, 16 relocation benefits, design and engineering work, permits, property management 17 and maintenance, taxes, insurance, legal fees, receiver's fees and interim fees, and 18 other costs of the Receivership, and to secure that debt with a recorded first 19 priority lien on the Property for the amount borrowed. As allowed by Health and 20 Safety Code section 17980.7, the Receiver may also record at the County 21 Recorder's Office a first lien (Receiver's Certificate of Indebtedness) on the 22 Property that shall have super priority as to any preexisting private lien(s) and 23 encumbrance( s), except against federal, state or county tax lien(s), for any monies 24 owed to the Receiver for the estimated costs of operating the receivership, 25 including receiver's fees and costs advanced or expended by the Receiver for the 26 purposes authorized by this order or subsequent orders issued in this action. 27 H. To issue and record Receiver's Certificates oflndebtedness and/or a Deed of Trust 28 against the Property to evidence and secure the above debt, which shall become a 7 CITY ATTORNEY City of Fresno v. Spirit of Woman of California, et al. CITY HALL [Amended ][Proposed] Order Appointing Receiver FRESNO, CA 93721 Case No. 20CECG01636 1 first lien on the Property with super priority over all preexisting private liens and 2 encumbrances, except for federal, state or county tax liens. The Receiver's 3 Certificate shall be issued for such amounts and for such items as the Court may 4 hereafter expressly authorize, upon notice and after hearing as herein provided. 5 The debt evidenced by said Certificates shall be due and payable upon the 6 completion of the Receiver's duties hereunder with respect to the rehabilitation of 7 the subject Property and, if applicable, the issuance of a Certificate of Occupancy 8 by the City of Fresno. If at the time this debt is not satisfied, the Receiver or the 9 holder of the Certificate may apply to this Court on notice and hearing to sell the 10 Property pursuant to the California Code of Civil Procedure section 568.5 free and 11 clear of subordinate liens and encumbrances. 12 I. To open one or more bank accounts in his name as Receiver or in the name of the 13 Receivership Estate at any federally-insured bank, savings and loan, credit union, 14 or similar financial institution. 15 J. To prepare monthly reports to the City, which must include the total amount of any 16 rent received, the nature and amount of any operating or repair contracts, payments 17 made to repair and operate the Property, other payments made, and the progress of 18 necessary repairs to the Property. 19 K. To file with the Court within thirty calendar days of the effective date of this Order 20 an inventory containing a complete and detailed listof all property of which the 21 Receiver has taken possession, and to promptly file a supplementary inventory of 22 any subsequently obtained property. 23 L. To render interim accountings and reports on at least a quarterly basis to this 24 Court, and to render a final accounting to this Court at the conclusion of the 25 Receivership. 26 M. To pay the City its attorneys' fees and costs, as the prevailing party, out of the 27 Receivership Estate with the same priority as the Receiver's lien(s), pursuant to 28 Health and Safety Code sections 17980.7(c)(l 1) and 17980.7(d)(l). 8 CITY ATTORNEY City of Fresno v. Spirit of Woman of California, et al. CITY HALL [Amended ] [Proposed] Order Appointing Receiver FRESNO, CA 93721 Case No. 20CECG01636 1 N. To sell the Property, pursuant to Code of Civil Procedure section 568.5 or by 2 private sale, if necessary, subject to the prior approval and confirmation of this 3 Court. 4 0. To record a certified copy of this Order with the Fresno County Recorder's Office. 5 P. To exercise the powers granted to receivers under section 568 of the Code of Civil 6 Procedure. 7 Q. To apply to this Court for further or other instructions or orders and for further 8 powers necessary to enable the Receiver to perform his duties properly, or to 9 address unforeseen circumstances that may arise with respect to this Receivership. 10 Possession and Control 11 4. IT IS FURTHER ORDERED: That Respondent, their partners, assignees, 12 successors, representatives, managers, agents, attorneys, employees, and all other persons acting 13 under or in concert with Respondent are hereby ordered to: 14 A. Immediately relinquish and tum over possession of the Property to the Receiver; 15 B. Immediately tum over to the Receiver and direct all property managers or other 16 agents or employees to tum over all keys to the Property and any books or records 17 with respect to the Property as requested by the Receiver; 18 C. Immediately advise the Receiver as to the nature and extent of insurance coverage 19 on the Property, and name the Receiver as an additional insured on liability 20 insurance policies for so long as the Receiver remains in possession; 21 D. Forward to the Receiver all bills which they may receive in connection with the 22 Property; and 23 E. Respondent shall within 10 days hereof provide the Receiver with their social 24 security numbers, taxpayer identification numbers, or employers' identification 25 numbers so that the Receiver may report the existence of this receivership to the 26 Internal Revenue Service by completion of a form SS-4 form, and the Receiver is 27 hereby authorized to apply for a taxpayer identification number if required to carry 28 out his duties in this case. 9 CITY ATTORNEY City of Fresno v. Spirit of Woman of California, et al. CITY HALL [Amended ][Proposed] Order Appointing Receiver FRESNO, CA 93721 Case No. 20CECG01636 1 Injunctive Orders 2 5. IT IS FURTHER ORDERED: Respondent, their partners, assignees, successors, 3 representatives, managers, agents, attorneys, employees and all persons acting under or with 4 concert with Respondents, are hereby enjoined at all times until the Receiver is discharged from: 5 A. Demanding, collecting, receiving, or diverting any rents, profits, or income from 6 the Property; 7 B. Interfering with the Receiver, directly or indirectly, m the conduct of the 8 receivership; 9 C. Encumbering, mortgaging, liening, leasing, renting, selling or transferring the 10 Property or any interest in it; 11 D. Canceling, reducing, or modifying any existing insurance coverage with respect to 12 the Property; 13 E. Entering upon the Property or into any structure located on the Property without 14 first having received the Receiver's written consent; 15 F. Commencing or continuing any foreclosure or similar process, including non- 16 judicial foreclosure and trustee sale proceedings, and further including the filing of 17 any notice of default or notice of trustee's sale; 18 G. Commencing or continuing any action which impairs or precludes the Receiver's 19 ability to obtain policies of title insurance needed to implement the actions 20 authorized by this Order; 21 H. Removing any furniture, fixture or item of personal property from the Subject 22 Property without first having received the Receiver's written consent; and 23 I. Claiming any deduction with respect to state income taxes for interest, taxes, 24 expenses, depreciation, or amortization paid or incurred with respect to the 25 Property for 2019 and all future years during the pendency of the receivership. 26 Receiver's Compensation 27 6. IT IS FURTHER HEREBY ORDERED that the Receiver will be entitled to 28 recovery of his costs and expenses incurred as a result of this Receivership. Further, Receiver 10 CITY ATTORNEY City ofFresno v. Spirit of Woman of California, et al. CITY HALL [Amended ][Proposed] Order Appointing Receiver FRESNO, CA 93721 Case No. 20CECG01636 1 may also employ the services of a property management company as needed. The Receiver's 2 compensation shall be subject to review and final approval by this Court upon notice and hearing 3 at the time the Receiver presents a Final Report and Final Accounting, which accounting shall be 4 accompanied by records adequately documenting the rehabilitation and property management 5 services rendered by the Receiver. 6 7. IT IS FURTHER HEREBY ORDERED that the Receiver is permitted to fund 7 an initial $50,000 Certificate of Indebtedness with super priority status to cover the cost of 8 securing the Property, enlisting contractors to bid the cost of rehabilitation and the initial cost of 9 managing and stabilizing the Property and administering the Receivership Estate. 10 8. IT IS FURTHER HEREBY ORDERED that should any lawful order issued by 11 the Receiver, under the authority granted herein, be refused, that the Receiver is authorized to 12 enlist the assistance of the any duly authorized police officer(s) and further that such police 13 officer(s) are authorized to employ all reasonably necessary measures to secure cooperation and 14 compliance with any lawful order issued by the Receiver, including but not limited to, the use of 15 forced entry onto/into the Property should consent to enter be refused. 16 Reimbursement of the City's Fees and Costs 17 9. IT IS FURTHER HEREBY ORDERED that the City, as the prevailing party, is 18 entitled to recover its attorneys' fees, ordinary costs and administrative costs, inspection costs, 19 investigation costs, and costs to repair and eliminate all substandard conditions. The amount shall 20 be established at such time as the City makes a further application or the Receiver is ordered to 21 pay such costs, or the Receiver is discharged, whichever comes first. The City's costs and fees 22 may be paid out the receivership certificate as approved by the Court. 23 10. IT IS FURTHER HEREBY ORDERED that the City's attorney's fees and costs 24 are given the same priority as the Receiver's and both are entitled to super priority status over any 25 preexisting lien(s), except for any federal, state or county tax lien(s). 26 Ill 27 Ill 28 11 CITY ATTORNEY City of Fresno v. Spirit of Woman of California, et al. CITY HALL [Amended ][Proposed] Order Appointing Receiver FRESNO, CA 93721 Case No. 20CECG01636 1 Status Conference 2 11. IT IS FURTHER HEREBY ORDERED that a STATUS CONFERENCE in the 3 above action has been scheduled for - -- -- - - - - - - - - - -, at - --- 4 a.m./p.m. in Department ____ ofthe Fresno County Superior Court. The City shall file with 5 the Court and serve upon all parties a declaration setting forth the status of the rehabilitation of 6 the Property as well as any other names to be completed before the Receiver is discharged. 7 Failure to Comply and Reservation of Right 8 12. Failure to comply with any abatement order, or other order contained herein, shall 9 be punishable by civil contempt, penalties under Health and Safety Code sections 17995-17995.5 10 (Div.13, Pt. 1.5, Ch. 6), and any other penalties and fines as are available. 11 13. This Court shall maintain jurisdiction over the Property (Receivership Estate) 12 during the duration of this receivership. The Court issues this Order pursuant to its authority 13 under California Health and Safety Code. The Court expressly retains jurisdiction to modify this 14 Order as the ends of justice may require. The Court may hear and decide issues regarding the 15 scope and effect of the injunctive provisions, herein. The Court can modify any of the injunctive 16 provisions hereof and take such further action as may be necessary or appropriate to carry into 17 effect the injunctive provisions hereof, and for the punishment of violations of same, if any. The 18 City has the authority under California Law and the Fresno Municipal Codes to maintain this 19 action for the protection of the People of the State of California and the citizens of the City of 20 Fresno concerning the conduct alleged in the Petition. 21 IT IS SO ORDERED. 22 Dated: 23 Judge of the Superior Court 24 SAP:cg; 132575 25 26 27 28 12 CITY ATTORNEY City of Fresno v. Spirit of Woman of California, et al. CITY HALL [Amended ][Proposed] Order Appointing Receiver FRESNO, CA 93721 Case No. 20CECG01636 PROOF OF SERVICE 1 CCP §§ 1011, 1013, 1013a, 2015.5 FRCP 5(b) 2 STATE OF CALIFORNIA, COUNTY OF FRESNO 3 I am employed in the County of Fresno, State of California. I am over the age of 18 and not a party to the 4 within action; my business address is 2600 Fresno Street, Fresno, CA 93721-3602. 5 On June 10, 2020, I served the document described as [AMENDED] [PROPOSED] ORDER APPOINTING RECEIVER PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE 6 SECTION 17980. 7 on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes and addressed as stated on the mailing list below: 7 Lorena Perez - Director of Spirit of Woman of Nikki Hobbs - Agent for Service of Process 8 California Inc. 327 W. Belmont Ave. PO Box 12426 Fresno, CA 93 728 9 Fresno, CA 93 777 10 Nikki Hobbs - Agent for Service of Process State Bank of India (California) 108 N 9th St, Attn: Note Department 11 Fresno, CA 93702-2125 707 Wilshire Blvd, 29th Floor Los Angeles, CA 90017 12 State Bank oflndia (California) First American Title Insurance Fresno Branch 4380 La Jolla Village Dr., #110 13 2787 W. Shaw Ave., Ste. 101 San Diego, CA 92122 Fresno CA 93 711 14 Valley National Bank Valley National Bank 15 4790 140th Avenue North C/0 Shumaker, Loop & Kendrick, LLP Clearwater, Florida 33762 Attn: W. Kent Ihrig, Esq. 16 101 East Kennedy Boulevard, Suite 2800 Tampa, Florida 33602 17 Directed Capital VIA E-MAIL ONLY: Attn.: Jordan Zavislak, VP Fresno County Auditor-Controller/Treasurer-Tax 18 10650 Scripps Ranch Blvd, Ste. 210 Collector