County of San Luis Obispo, et al. v. Thomas Brooks

1 The exhibits to Weart’s declaration were omitted from the copy filed with the Court. 1

The OSC re: appointing a receiver is now on calendar. The Court finds that Brooks has received sufficient notice. (Health & Saf. Code, § 17980.7(c).)

II.

Background

Facts

The County opened code enforcement cases for the Property in 2017 and 2018 based on violations related to vehicle and junk storage; those cases were closed when Defendant removed the excessive junk and vehicles. (Declaration of Cynthia Alm (Alm Decl., ¶¶ 4, 6.) At that time, Ramona Brooks, defendant Brooks’ grandmother, owned the Property and Defendant resided on it. (Id., ¶ 5.)

Ramona Brooks passed away in 2022, and the Property was conveyed to defendant Brooks in early 2023. (Alm Decl., ¶ 7.) In early 2022, the County began receiving more complaints about excessive storage of vehicles and junk on the Property. (Id., ¶ 8.) Code Enforcement staff conducted inspections on March 3 and March 8, 2022, and identified violations related to excessive storage of scrap, junk, and materials in violation of SLOCC section 14 22.30040, Accessory Storage. (Id ̧ ¶ 9.)

Following a site visit and issuance of an NOV, and due to the lack of improvement, the County held a noticed hearing before the County Hearing officer on January 23, 2023. (Alm Decl., ¶¶ 10-15.) Brooks appeared at the hearing and was ordered to bring the Property into compliance within 45 days and authorized the County to abate the Property if he failed to do so. (Id. ̧¶ 17.) After Brooks failed to meet the deadline, on September 28, 2023, the County secured an inspection and abatement warrant from the Superior Court that authorized the County to enter the Property and abate the violations that had been identified. (Id., ¶ 18.)

On October 6, 2023, the Code Enforcement staff, law enforcement, and a junk removal contractor entered the Property and, after the Property was secured, began the abatement process; the contractor removed 4 trailers and 4 trucks full of junk, material, and scrap, and approximately 4 vehicles. (Id., ¶ 20.)

The County received additional complaints in mid-December 2024, and a new Code Enforcement case was opened. Alterations of the gas and electrical systems at the Property in violation of SLOCC section 19.02.020b and storage of junk and materials, including hazardous materials, in violation of SLOCC section 22.30.040f, Accessory Storage, were observed. On January 8, 2025, an NOV was sent to Brooks. (Alm Decl., ¶¶ 21-22, Weart Decl., ¶¶ 5-10.)

In February 2025, PG&E removed the power meter and shut down electricity for the residence on the Property because the residents had altered the electrical panel and connected directly to the electrical pole line at the street. (Weart Decl., ¶ 11.)

On March 2, 2025, a structure fire destroyed the home. (Alm Decl. ̧ ¶ 23. Weart Decl., ¶ 12.) On March 3, 2025, County Code Enforcement staff declared the structure unsafe and Weart posted “Unsafe Structure” and “Red Tag, Unsafe to Enter” placards at all entry and exit points to the Property. Weart also posted a “Notice and Order to Demolish or Repair Condemned Building” at the entrance of the structure. (Alm Decl. ̧ ¶ 24; Weart Decl., ¶ 13.)

Following the fire, Brooks began to clean up the damage caused by the fire and to remove accumulated junk from Property. (Weart Decl., ¶ 14.) Brooks listed the Property for sale and then removed the listing. The County has received complaints that Brooks has returned to living on the Property inside the burned residence, that he has started to again accumulate excessive junk and materials on the Property, and that transient individuals are living on the Property in tents, utility trailers and within the remains of the burned residence. (Weart Decl., ¶¶ 15-17.) Since March of 2026, there have been complaints of reckless driving, drug activity, and possible drug production and sales on the Property. (Id. ̧¶¶ 18, 26.) Brooks’ dog is unleashed, potentially dangerous, and neighbors report being chased as they drive by and being afraid to walk past the Property. (Id., ¶ 25.)

Brooks has stopped all communication with the County and no further efforts of compliance with regard to the accumulated materials have been made since January 2026. (Weart Decl., ¶ 19.) To date the structure remains uninhabitable. (Alm Decl., ¶ 25.) The conditions deteriorate each time Weart conducts an inspection and the amount of junk makes it hazardous to enter the Property should there be another emergency. (Weart Decl., ¶ 24.) Brooks is using generators to power appliances, has a makeshift stove and is creating fire hazards. (Id. ̧ ¶¶ 27, 28.)

On April 30, 2026, the County obtained a Preliminary Title Report for the Property showing that title is vested in Thomas Brooks, a single man. (Weart Decl., ¶ 20.)

III. Health and Safety Code Provisions Authorizing Appointment of a Receiver

Health and Safety Code section 17980(a) authorizes an enforcing agency to institute appropriate action to prevent or remedy an immediate threat to the health and safety of the public or occupants of a structure (or the lot on which it is situated), and institute appropriate action or proceeding to prevent, restrain, correct, or abate the violation or nuisance.

If a building is constructed, altered, converted, or maintained in violation of any provision of, or in violation of any order or notice that gives a reasonable time to correct that violation issued by an enforcement agency pursuant to this part, the building standards published in the California Building Standards Code, or other rules and regulations adopted pursuant to this part, or if a nuisance exists in a building or upon the lot on which it is situated, the enforcement agency shall, after 30 days’ notice to abate the nuisance or violation, or a notice to abate with a shorter period of time if deemed necessary by the enforcement agency to prevent or remedy an immediate threat to the health and safety of the public or occupants of the structure, institute appropriate action or proceeding to prevent, restrain, correct, or abate the violation or nuisance.

Health and Safety Code section 17980.6 provides, in relevant part:

If any building is maintained in a manner that violates any provisions of this part, the building standards published in the State Building Code Standards Code...any other rule or regulation adopted pursuant to the provisions of this part, ... or any provision in a local ordinance that is similar to a provision in this part, . . .and the

violations are so extensive and of such a nature that the health and safety of the residents or the public is substantially endangered, the enforcement agency may issue an order or notice to repair or abate pursuant to this part.

If a property owner does not comply within a reasonable time with the terms of an order or notice issued pursuant to Health and Safety Code section 17980.6, Health and Safety Code section 17980.7(c) authorizes the enforcement agency to seek appointment of a receiver for the substandard building.

The enforcement agency must show the following two factors to obtain appointment of a receiver: (1) the owner has been afforded a reasonable opportunity to correct the conditions cited in the notice of violation and (2) the proposed receiver has demonstrated a capacity and expertise to develop and supervise a viable financial construction plan for the satisfactory rehabilitation of the building. (HSC § 17980.7, subds. (c)(1), (c)(2).)

The powers and duties of a receiver appointed pursuant to Health and Safety Code section 17980.7 are enumerated in subdivision (c)(4).

In addition to any reporting required by the Court, the receiver shall prepare monthly reports to the enforcement agency. (Health & Saf. Code, § 17980.7(c)(8)).

IV.

Discussion

Reviewing the evidence submitted by the County, the Court finds that the Property is substandard as defined by defined by Health and Safety Code section 17920.3.

Brooks has had ample notice of the claimed violations and an adequate and reasonable period of time to correct them. He was personally served with the petition to appoint a receiver and was served with the OSC re appointment of a receiver via U.S. mail, email and posting at the Property. (See Gonzalez City of Santa Monica v. Gonzalez (2008) 43 Cal.4th 905, 928; see also 7 Miller & Starr, Cal. Real Estate (4th ed. 2026) § 25:52, Injunctive relief; receivership to abate or correct violations.) Brooks has failed to correct the violations or oppose the appointment of a receiver.

The Court finds that appointment of a receiver pursuant to Health and Safety Code section 17980.7 is necessary and proper. The receiver shall have the powers and duties enumerated in Health and Safety Code, section 17980.7 (c)(4).

The Court further finds that California Receivership Group, Inc., a California Benefit Corporation has demonstrated its capacity and expertise to develop and supervise a viable financial and construction plan for the satisfactory rehabilitation of the building. (Health and Saf. Code, § 17980.7(c)(2); Cal. Rules of Court, rule 3.1177, Declaration of Receiver Mark Adams; Exh. 1 to Adams Decl.)

V. Injunction

The County also requests an injunction2 against Brooks pursuant to Code of Civil Procedure section 527 and California Rules of Court, rule 3.1150 preventing Brooks, or anyone acting on Brooks’ behalf, from taking any action that may impair the Receiver’s ability to perform his duties.

Specifically, the County requests that Brooks, their partners, assignees, successors, representatives, managers, agents, attorneys, employees, persons acting under or in concert with Brooks and all other persons acting independently of Brooks, and who have an interest in the Property, are enjoined from:

1. Demanding, collecting, receiving, or diverting any rents, profits, or income from the Property; 2. Interfering with the Receiver, directly or indirectly, in the conduct of the receivership; 3. Encumbering, mortgaging, liening, leasing, renting, selling or transferring the Property or any interest in the Property; 4. Canceling, reducing, or modifying any existing insurance coverage with respect to the Property; 5. Entering upon the Property or into any structure located on the Property without first having received the Receiver’s written consent; 6.

Commencing or continuing any foreclosure or similar process, including non-judicial foreclosure and trustee sale proceedings, and further including the filing of any notice of default or notice of trustee’s sale; 7. Commencing or continuing any action which impairs or precludes the Receiver’s ability to obtain policies of title insurance needed to implement the actions authorized by this Order; 8. Removing any furniture, fixture or item of personal property from the Property without first having received the Receiver’s written consent; 9.

Claiming any deduction with respect to state income taxes for interest, taxes, expenses, depreciation, or amortization paid or incurred with respect to the Property for 2026 and all future years during the pendency of the receivership; and 10. Committing or maintaining any new violations of the San Luis Obispo County Code 3, California Building Code or Health and Safety Code on the Property.

While an injunction preventing interference with the Receiver may be appropriate, the orders requested by the County do not seem tailored to the facts here and the County does not give specific reasoning for the requested orders. The County shall come prepared to discuss the necessity of injunctive relief and the appropriate scope of orders.

2 The Application requests a temporary restraining order, but given the current posture, the court treats it as a request for an injunction for the duration of the receivership. 3 The Application references the San Luis Obispo City Code (p. 10, l. 4), but the Court presumes that the request was meant to be for the County Code. 5

ORDER (PROPOSED)

The Court grants the County’s unopposed request for appointment of a receiver as set forth above. The Court appoints California Receivership Group, Inc. as receiver with the powers and duties enumerated in Health and Safety Code, section 17980.7 (c)(4).

The County shall come prepared to discuss the proposed injunctive relief, as set forth above.

Upon resolution of the injunctive relief, the County shall prepare an order.

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