City of Santa Monica v. Gonzalez, 182 P.3d 1027 (2008)

Citation: City of Santa Monica v. Gonzalez, 182 P.3d 1027 (2008)
Parent Document: City of Santa Monica v. Gonzalez, 182 P.3d 1027 (2008)
Jurisdiction: California (state)
Effective Date: 2008-05-19
Original Source: https://www.courtlistener.com/opinion/2567465/city-of-santa-monica-v-gonzalez/ ↗

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The court then issued an order appointing David J. Pasternak as receiver, with full powers granted receivers under section 568 of the Code of Civil Procedure and section 17980.7(c) of the Health and Safety Code, including the power to “rehabilitate or demolish” the property consistent with plans submitted to the court. The order included findings that (1) Gonzalez’s property was “substandard and a public nuisance” and “maintained in a manner that violates the state building standards and the Santa Monica Municipal Code”; (2) the violations were so extensive and of such a nature that the health and safety of the property’s occupants, neighboring residents, and the general public were substantially endangered; (3) the City, as a local enforcement agency, properly issued a notice to repair and abatement order to Gonzalez; (4) Gonzalez failed to comply with the City’s notice within a reasonable time after its issuance and had been afforded a reasonable opportunity to correct the conditions cited therein; (5) the substandard conditions of the property would likely persist unless the court appointed a receiver to take possession of the property and to undertake responsibility for its rehabilitation; and (6) Gonzales was properly served and given notice prior to the filing of the petition for appointment of receiver.

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