IN THE MATTER OF: CITY OF SACRAMENTO

25CV008603: IN THE MATTER OF: CITY OF SACRAMENTO 09/24/2025 Hearing on Motion - Other For Appointment of a Receiver in Department 54

Tentative Ruling

NOTICE:

PLEASE TAKE NOTICE that any oral arguments regarding this tentative ruling will be heard in Department 28, located at 720 9th Street, Sacramento, CA, the Hon. Richard C. Miadich presiding. Should argument be requested by either party, the requesting party must call the Law and Motion Oral Argument Request Line at (916) 874-2615, by 4:00 p.m. the Court day before the hearing, request the hearing, and notify the opposing party of the location and time of hearing pursuant to Local Rule 1.06.

Any party who wishes to contest the tentative ruling below must:

(1) request a hearing by calling the Law and Motion Oral Argument Request Line at (916) 874-2615, by 4:00 p.m. the Court day before the noticed hearing date, and leave a voicemail message (a) identifying themselves as the party requesting oral argument; (b) indicating the specific matter/motion for which they are requesting oral argument; and (c) confirming that they have notified the opposing party of their intention to appear; and

(2) advise the opposing party of the location and time of hearing pursuant to Local Rule 1.06.

If a hearing is not requested by 4:00 p.m. on the Court day before the noticed hearing date, the tentative ruling will become the final order of the Court.

If a hearing is requested, the Court prefers in-person attendance by the parties. However, parties may appear by Zoom unless the Court specifically orders in-person attendance. Parties choosing to appear by Zoom are reminded, however, that a Zoom appearance is still a formal appearance before the Court. Parties appearing via Zoom should do so from a quiet location, free from undue distractions, and wear attire suitable for an in-person court appearance.

The parties may join the Zoom session for hearing on the tentative ruling by audio and/or video through the following link:

https://saccourt-ca-gov.zoomgov.com/my/sscdept28

SIP Address:

16039062174@sip.zoomgov.com

(833) 568-8864

25CV008603: IN THE MATTER OF: CITY OF SACRAMENTO 09/24/2025 Hearing on Motion - Other For Appointment of a Receiver in Department 54

ID: 16039062174

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.Pdf

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporter’s Office and an official reporter will be provided.

TENTATIVE RULING

Petitioner City of Sacramento’s (“Petitioner”) motion for appointment of a receiver pursuant to Health and Safety Code section 17980.7 is UNOPPOSED and GRANTED as follows.

This action involves two adjoining properties owned by Respondent Victory Tabernacle of Del Paso Heights, Inc. (“Respondent”). The first property is located at 3910 Marysville Boulevard, Sacramento, California, APN 252-0011-014-0000. Petitioner describes this parcel as the “Subject Property.” The second property is located at 3912 Marysville Boulevard, Sacramento, California, APN 242-0011-015-0000. Petitioner indicates that the second property is “an adjacent parcel contiguous to 3910 Marysville Boulevard such that it is essential and integral to the Subject Property.” (Mot. MPA, p. 4:7-9.) The two properties together will be referred to as the “Subject Properties.” The Subject Properties are in the care of Timothy Hinkle.

Since January of 2023, Petitioner has received multiple calls for service requiring summary abatement related to the Subject Property involving unapproved residential occupancy. Additionally, City Code Enforcement violations have been ongoing at the Subject Properties since at least July 21, 2023. The Code Enforcement’s case was opened for accumulation of junk, debris, and occupied trailers. The Sacramento Fire Department has had a case open for violations

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25CV008603: IN THE MATTER OF: CITY OF SACRAMENTO 09/24/2025 Hearing on Motion - Other For Appointment of a Receiver in Department 54

of the City’s Fire Code at the Subject Properties since March 13, 2024 following a fire that damaged the Subject Property, which has not been repaired. Between November 1, 2023 and January 9, 2024, the Sacramento Police Department has responded to the Subject Properties approximately 43 times, including for structure fires.

Petitioner has issued several notices to Respondent related to nuisances or dangerous conditions at the Subject Properties. On July 25, 2023, the City Code Enforcement office issued a Notice and Order to Clean, Remove, Repair and/or Cease a Public Nuisance related to the accumulation of junk, debris, and occupied trailers. Several inspections have been conducted since that time, but the nuisance has not been abated. On February 5, 2024, a Notice and Order to Repair or Demolish Substandard and/or Dangerous Building was issued following a fire at the Subject Property.

Several inspections since that time reveal that the condition remains unabated. On March 13, 2024, following another fire, the Fire Department placarded the vacant building at the Subject Property with Notice of Fire and Life Safety Violations. That same day, a letter of Notice of Administrative Penalty was issued. The condition remains unabated.

The petition was filed on April 10, 2025. Respondent was served on August 8, 2025 via substituted service. No response has been filed.

Health and Safety Code section 17980.7 permits a court to appoint a receiver to abate a substandard building or public nuisance and authorizes the Court to appoint a receiver to oversee the rehabilitation of substandard properties if the property owner fails to comply with a notice or order issued by a local code enforcement agency. (Health & Saf. Code § 17980.7(c).) The enforcement agency is authorized to seek, by court petition, the appointment of a receiver to “assume control over the property and remediate the violations or take other appropriate action.” (Health & Saf. Code, §§ 17980.6 and 1780.7(c).) The appointment of a receiver is also authorized under equitable principles. (See City and County of San Francisco v. Daley (1993) 16 Cal.App.4th 734, 744.)

A nuisance per se arises when a legislative body with appropriate jurisdiction, in the exercise of the police power, expressly declares a particular object or substance, activity, or circumstance, to be a nuisance. (City of Claremont v. Kruse (2009) 177 Cal.App.4th 1153, 1163.) Here, based upon the conditions described herein, the Subject Properties have been designated as dangerous and substandard and constitute a nuisance per se. The appointment of a receiver is warranted in order prevent harm and damage to the community. (Whitley v. Bradley (1910) 13 Cal.App. 720, 725; Code Civ. Proc. § 564(b)(1).)

Petitioner nominates Richardson C. Griswold of Griswold Law, APC as its proposed receiver. Pursuant to Health and Safety Code section 17980.7(c)(4), the Court appoints Mr. Griswold as receiver to oversee rehabilitation of the Subject Properties and grants the receiver the powers and

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25CV008603: IN THE MATTER OF: CITY OF SACRAMENTO 09/24/2025 Hearing on Motion - Other For Appointment of a Receiver in Department 54

duties enumerated in Health and Safety Code § 17980.7(c)(4). Specifically, Mr. Griswold is granted the following powers and duties:

1) To take full and complete control of the Subject Properties; 2) To manage the Subject Properties and pay operating expenses including insurance, utilities, general maintenance and debt secured by the Subject Properties; 3) To secure a cost estimate and construction plan from a licensed contractor and enter into contracts necessary to repair the conditions cited in the Notices to Abate; 4) To enter into contracts and employ a licensed contractor as necessary to correct the cited conditions; 5) To collect rents and income from the Subject Properties, and use those funds pay for the rehabilitation work; 6) To borrow funds to pay for the rehabilitation work, relocation benefits, and secure the debt recorded first position lien on the Subject Properties amounts borrowed; 7) To relocate the occupants of the Subject Properties in accordance with Health and Safety Code section 17980.7(d), if necessary.

After the receiver takes possession of the Subject Properties and has an opportunity to inspect them, the receiver will develop a definitive rehabilitation plan and budget. This plan and budget will be submitted to the Court by the receiver for the Court’s approval prior to the start of the rehabilitation. (See Health & Saf. Code § 17980.7(c)(4)(F).)

Respondent is enjoined from interfering with the receiver in the operation of the substandard building, and encumbering or transferring the substandard building or real property upon which the building is situated, as such conduct will clearly prohibit the receiver from performing his functions. (Health & Saf. Code § 17980.7(c)(3).) Respondent is also prohibited from claiming any deduction with respect to state taxes for interest, taxes, expenses, depreciation, or amortization paid or incurred with respect to the Subject Properties continuing until all substandard conditions on the Subject Properties have been cured. (Health & Saf. Code, § 17980.7(b)(1).)

As Petitioner is a public entity, it is not required to post any bond. However, in accordance with California Code of Civil Procedure section 567(b), the receiver shall promptly post a bond in the amount of $10,000.

The City is directed to submit an amended proposed order. The Court observes that the proposed order submitted with the moving papers includes comments from an editor/drafter of the document. These comments shall be removed from the amended proposed order. Additionally, Section B of the proposed order currently on file refers to the appointment of counsel for the receiver. The Court is confused by this aspect of the proposed order. It appears the City felt that

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25CV008603: IN THE MATTER OF: CITY OF SACRAMENTO 09/24/2025 Hearing on Motion - Other For Appointment of a Receiver in Department 54

the receiver is the Griswold law firm and thus needs counsel as a corporate entity. The Court’s confusion on this relates to whom the City actually wishes to appoint as receiver, Mr. Griswold or his firm. Thus, the City is directed to clarify whom the receiver will be in the amended proposed order.

This minute order is effective immediately. The Court will sign the amended proposed order upon receipt.