Daley
City and County of San Francisco v. Daley
Opinion
Opinion
Benson, J.
Gertrude C. Daley (Gertrude) appeals from an order appointing a receiver to bring property she owns into compliance with the San Francisco Municipal Code. She contends the trial court lacked the authority to appoint a receiver, abused its discretion by appointing a receiver, and denied her a fair hearing prior to the appointment. We affirm.
I. Factual and Procedural Background
The proceedings which ultimately led to the appointment of a receiver in this case were lengthy. In order to evaluate Gertrude’s claims on appeal, particularly her claim the trial court abused its discretion by appointing a receiver, we must recount the facts leading up to the appointment in detail.
On August 29, 1988, plaintiff City and County of San Francisco (the City) commenced this action against Gertrude, her daughter Carolyn Daley (Carolyn), and Does 1 through 50. The City’s complaint charges them with maintaining their single-family residence in a manner constituting a public nuisance. The residence is located at 45 Cerritos Avenue in the Ingleside Terraces neighborhood of San Francisco. The following nine conditions, set forth in exhibit B to the complaint, are alleged to constitute the…