CHAVEZ, et al. vs CARO, et al.

24CV058318: CHAVEZ, et al. vs CARO, et al. 08/26/2026 Hearing on Motion for Order to Confirm Sale of Real Property; filed by Philli Campbell (Non-Party) CRS# A-58318-001 in Department 17

Tentative Ruling - 08/24/2026 Chad A. Stegeman

The Motion re: Report of Sale By Partition Referee and Motion to Confirm Sale of Real Property filed by Philli Campbell on 08/05/2026 is Granted in Part.

The Motion of Non-Party/Referee Phillip Campbell (“Referee”) for Order Confirming Property Sale Property is GRANTED IN PART. At the time of this Ruling, no Reply has been received or filed.

LEGAL STANDARD This Court has broad discretion to set the terms under which the property can be sold, including being sold free and clear of all liens and encumbrances. (See People v. Riverside Univ. (1973) 35 Cal. App. 3d 572, 583 [“[U]nless regulated by statute, the court has full power to order the receiver to dispose of property in such a manner as the court may deem to be for the best interest of the parties concerned and the advice of the receiver and his opinion in regard to the value of the property, the manner, time and place of its disposition are entitled to great respect and weight.”]; City of Riverside v. Horspool (2014) 223 Cal. App. 4th 670, 684.)

“‘Generally speaking if no good reason appears for refusing to confirm a receiver's sale, such as chilling of bids or other misconduct or gross inadequacy of price, the sale should be confirmed.’” (Riverside Univ., supra, 223 Cal. App. 4th at 582.)

DISCUSSION Receiver, appointed by order of this Court on November 30, 2023, has moved for an order approving and confirming the sale of the subject real property for the highest bid of $706,800 (“the Sale”). Receiver also seeks that compensation be paid to the Plaintiffs Maria Chavez and Hector Javier Chavez (“Plaintiffs”)’ broker in the amount of 3% of the listing price and 2.5% of the final purchase price, both paid from the sale proceeds (for a total of 5.5%). (MPA, ¶ 10.) Plaintiffs represent, albeit without any supporting declaration or evidence, that the listing price was for $599,000. (Oppo., p. 2:9.)

Assuming this is true, from Receiver’s Motion consisting of his Report of Sale, the plain language of the terms is that “[t]he seller is to pay compensation to the Seller's Broker of three percent (3%) of the listing price from the sale proceeds. The seller's payment to compensate the Buyer's Broker is two and one half percent (2.5%) of the final purchase price, paid from the sale proceeds.” (MPA, ¶ 10.)

Thus, 3% of $599,000 is, as Plaintiffs note, $17,970 rather than the $21,204 as referenced in the Proposed Order. (Proposed Order ¶ 4.) Plaintiffs do not object to the proposed sale otherwise. (Oppo., p. 1:24-28.) 24CV058318: CHAVEZ, et al. vs CARO, et al. 08/26/2026 Hearing on Motion for Order to Confirm Sale of Real Property; filed by Philli Campbell (Non-Party) CRS# A-58318-001 in Department 17 Accordingly, Receiver’s Motion is GRANTED IN PART; the Sale of the 36863 Elm Street for the purchase price of $706,800 is approved. However, the sales commission for 3% from the proceeds of the sale should be calculated from the listing price to consist of $17,970. The award of 2.5% of the final purchase price will go to the Buyer’s Broker as anticipated.

The Court therefore finds that the Sale is in the best interest of the parties, and that good cause exists to approve the Sale subject to the modification as stated above.

As an aside, although Receiver references the Residential Purchase Agreement from the prospective buyers, it is not in fact attached to the Motion. (MPA, ¶¶ 9, 11.)

If a party does not timely contest the foregoing Tentative Ruling and appear at the hearing, the Tentative Ruling will become the order of the court.

HOW DO I CONTEST A TENTATIVE RULING?

THROUGH ECOURT Notify the Court and all the other parties no later than 4:00 PM one court day before the scheduled hearing, and briefly identify the issues you wish to argue through the following steps: 1. Log into eCourt Public Portal 2. Case Search 3. Enter the Case Number and select “Search” 4. Select the Case Name 5. Select the Tentative Rulings Tab 6. Select “Click to Contest this Ruling” 7. Enter your Name and Reason for Contesting 8. Select “Proceed”

BY EMAIL Send an email to the DEPARTMENT CLERK and all the other parties no later than 4:00 PM one court day before the scheduled hearing. This will permit the department clerk to send invitations to counsel to appear remotely.

BOTH ECOURT AND EMAIL notices are required.