Motion for Order Confirming Receiver’s Authority Over License and Authorizing Transfer
25CV142990: RREF IV - D DLI MS, LLC vs HIGHBRIDGE TRIBUNE LLC, A DELAWARE LIMITED LIABILITY COMPANY, et al. 08/10/2026 Hearing on Motion for Order Confirming Receiver’s Authority Over License and Authorizing Transfer; filed by Christian Diggs (Receiver) CRS# 454903103124 in Department 19
Tentative Ruling - 08/08/2026 Joscelyn Jones
On the Motion by Receiver Christian Diggs for Order Confirming Authority over ABC License No. 654757 and Authorizing Transfer of License, PARTIES ARE TO APPEAR.
Plaintiff RREF IV D DLI MS LLC filed this action for judicial foreclosure against the owners of the Tribune Tower on September 15, 2025. On September 23, 2025, the Court entered a Stipulated Order for Appointment of Receiver and Preliminary Injunction in which Christian Diggs was appointed as receiver over the Defendants real and personal property, both tangible and intangible. The September 23, 2025 order did not state that Defendants property included the liquor license that is the subject of this motion.
In a separate action filed in Sonoma County Superior Court, Gary Looney dba Collectronics of California sued Pierre Pierre LLC to collect unpaid debts. On October 13, 2025, the Sonoma County Superior Court issued an order appointing Landon McPherson as receiver for the liquor license that is the subject of this motion, which had been issued to Pierre Pierre LLC.
On February 25, 2026, this Court issued an order authorizing receiver Diggs to seek transfer the liquor license currently held in the name of Pierre Pierre LLC to Diggs in his role as receiver. At the time the Court issued this order, it was unaware of the Sonoma County action against Pierre Pierre LLC. The Court observes that Pierre Pierre LLC has never been a party to this case.
Diggs contends that he has priority to administer the liquor license because he was appointed as receiver of Defendants receivership estate on September 23, 2025, prior to appointment of McPherson as receiver over Pierre Pierre LLCs liquor license on October 13, 2025. Although that chronology is correct, no language in this Courts September 23, 2025 order stated that the liquor license held by Pierre Pierre LLC was part of Defendants receivership estate. This Court did enter an order on February 25, 2026 authorizing Diggs to seek transfer of nonparty Pierre Pierre LL Cs liquor license, but that was four months after the Sonoma County Superior Court had already entered an order appointing McPherson as receiver over Pierre Pierre LLCs liquor license.
Therefore, it would appear that the Sonoma County Superior Court first exercised jurisdiction over the issue of who controls Pierre Pierre LLCs liquor license.
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Plaintiff has filed a supplemental brief in which it contends that Defendant Highbridge Tribune LLC has the contractual right to the liquor license at issue, based on an Assignment and Assumption Agreement (the Agreement) attached as Exhibit 2 to the Declaration of Christian Diggs filed on June 10, 2026. In the Agreement, Tribune Oakland F&B LLC (the existing tenant of the leased premises at 409 13th Street, Oakland at that time) assigned its interest in the lease to Cleazekitchen LLC. Section 7 of the Agreement provided that upon termination or expiration 25CV142990: RREF IV - D DLI MS, LLC vs HIGHBRIDGE TRIBUNE LLC, A DELAWARE LIMITED LIABILITY COMPANY, et al. 08/10/2026 Hearing on Motion for Order Confirming Receiver’s Authority Over License and Authorizing Transfer; filed by Christian Diggs (Receiver) CRS# 454903103124 in Department 19 of the lease, assignee Clezekitchen LLC shall transfer the liquor license back to landlord Highbridge Tribune LLC.
The only information that has been presented to this court is that the current licensee for the liquor license at issue is Pierre Pierre LLC. The parties have not pointed to any evidence in the record that the liquor license has ever been held by Tribune Oakland R&B, or by Cleazkitchen LLC. Therefore, it is not clear that any provision in the Agreement requiring Cleazekitchen to transfer its purported interest in the subject liquor license to landlord Highbridge Tribune LLC would have any legal effect on the liquor license.
The Court agrees with Plaintiff that, in theory, Business & Professions Code section 24076 does not invalidate an agreement that, at the conclusion of a contract or lease, a liquor license reverts to its original holder. Section 24076 applies only where the liquor license was pledged as security for a loan or for the fulfillment of an agreement. (See, e.g., Greve v. Leger (1966) 64 Cal.2nd 853, 860.) The Agreement referenced above does not pledge the liquor license as security for a loan or for the fulfillment of the Agreement.
However, as indicated above, the parties have not presented evidence that either Tribune Oakland R&B or Cleazkitchen LLC were the licensees of the subject liquor license or had any legal capacity to agree to its transfer (subject to the approval of the ABC.) Pierre Pierre LLC, the licensee of the liquor license, was not a party to the Agreement and therefore did not agree to any such transfer.
The Court is currently inclined to grant Diggs motion, to the following limited extent.
The Court declines to find that the liquor license at issue is the property of the receivership estate in this action, or that Diggs has the exclusive authority to transfer the license. The Court also declines to order that any other receiver or claimant (e.g., Pierre Pierre LLC or receiver McPherson) is prohibited from seeking to transfer the liquor license that is currently held in the name of Pierre Pierre LLC.
This Court is currently inclined to grant the motion only to the extent that Diggs is authorized to contact the California Department of Alcoholic Beverage Control (ABC) and seek to transfer the license from Pierre Pierre LLC to Diggs in his capacity as receiver for Defendants. ABC shall determine whether the receiver for the current licensee (Pierre Pierre LLC), or the receiver for the named Defendants in this case (Christian Diggs), is statutorily authorized to seek transfer of the liquor license.