City of Lincoln v. Shelgren, Christian A

The order to show cause hearing regarding status of stay currently scheduled for July 27, 2026 at 3:30 p.m. in Department 40 shall be heard on the same date, time, and department for an order to show cause hearing regarding entry of judgment.

17. S-CV-0056373 City of Lincoln v. Shelgren, Christian A

Petition for order to abate substandard building; appointment of receiver; requiring reimbursement

Petitioner seeks a court order to abate substandard building; order to appointment of receiver; and an order requiring reimbursement.

Petitioner states in the petition that the following parties have a recorded interest in the property and are entitled to notice of hearing: (1) the Placer County Tax Collector; (2) United States of America acting through the Farmers Home Administration, United States Department of Agriculture; and (3) LVNV Funding, LLC. All three are entitled to notice under California Health and Safety Code § 17980.7 (c). (Petition at 6.)

The court previously continued the matter on March 17, 2026, for insufficient notice of hearing on interested parties and lack of proper proof of service of summons for the respondent. After the continuance, petitioner sent notice of hearing to all interested parties but has not filed an amended proper proof of service for the respondent property owner.

A petition to abate substandard building; order to appointment of receiver; and an order requiring reimbursement, when filed in a new action, must be served in the same manner as a summons. (Health & Saf. Code, § 17988; Code Civ. Proc., § 1290.4 (b).) While there is proof of service of summons in the court’s file (filed March 3, 2026), it has no name listed under the party served, number 3a. Therefore, there is insufficient proof of service of summons on record for the respondent pursuant to Code of Civil Procedure section 415.10. Given this procedural deficiency, the petition is denied.

The motion on the petition to abate substandard building; order to appointment of receiver; and an order requiring reimbursement is denied, without prejudice, for petitioner to file a proper proof of service of summons for the respondent and serve and file a notice of hearing on the respondent and all interested parties with a new reserved hearing date.