Win Win Alexandria Union v. Hujazi CA2/8

Filed 1/20/16 Win Win Alexandria Union v. Hujazi CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

WIN WIN ALEXANDRIA UNION, LLC, B257298

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BC456257) v.

MONICA HUJAZI,

Defendant and Appellant.

KEVIN SINGER,

Receiver.

APPEAL from an order of the Superior Court of Los Angeles County. James C. Chalfant, Judge. Dismissed.

Monica Hujazi, in pro. per., for Defendant and Appellant.

Wolf, Rifkin, Shapiro, Schulman & Rabkin and Elsa Horowitz, for Plaintiff and Respondent.

No appearance for Receiver.

_________________________

Win Win Alexandria Union, LLC (Win Win) filed suit against Monica Hujazi, both individually and in her capacity as the trustee of the Zuercher Trust of 1999 (the Trust), based on claims relating to two properties owned by the Trust. The trial court appointed a receiver to maintain the properties and to collect the rents, issues and profits they generated. After a foreclosure or bankruptcy sale at which Win Win bought the properties, the trial court granted the receiver’s motion approving and settling his final report and accounting. Hujazi now appeals, challenging the receiver’s fees. We dismiss the appeal. FACTUAL AND PROCEDURAL BACKGROUND The Trust owned two residential apartment buildings in Los Angeles. In 2005, East West Bank made two loans to the Trust, secured by deeds of trust against the properties. According to the complaint in this matter, in 2010, the Trust defaulted under the terms of the notes and deeds of trust by failing to pay amounts due. Hujazi had executed personal guaranties in connection with the notes; she too failed to make the payments due. In 2011, East West Bank sold the notes to Win Win. In March 2011, Win Win filed a complaint for judicial foreclosure of the two properties. In addition to foreclosure, the complaint sought specific performance for assignment of rents and the appointment of a receiver. The complaint also alleged claims against Hujazi for breach of the personal guaranties. Win Win subsequently filed an ex parte application seeking appointment of a receiver to take over the properties. According to declarations accompanying the application, Hujazi and the Trust had mismanaged and neglected the properties to such an extent that they had been placed in the Los Angeles City Housing Department’s Rent Escrow Account Program. The trial court appointed receiver Kevin Singer. The receiver performed services over the next three years. In November 2012, the receiver notified the court that the Trust had filed a voluntary Chapter 11 bankruptcy petition. In December 2012, the bankruptcy court issued an order excusing the receiver