Shers

City and County of San Francisco v. Shers

Good Law
1995 Cal. App. LEXIS 1006·38 Cal. App. 4th 1831·38 Cal. App. Supp. 4th 1·46 Cal. Rptr. 2d 57·95 Daily Journal DAR 13981
Court of Appeal of CaliforniaOctober 17, 1995A064650California3,373 words

Opinion

Opinion

Haerle, J.

I. Introduction

This is an appeal from an order appointing a successor receiver to bring property owned by appellants into compliance with the San Francisco Municipal Code. Appellants appealed the original order appointing a receiver and this court upheld the same in an earlier decision. Appellants now renew their challenge upon the original receiver’s resignation and trial court’s order appointing his successor.

II. Factual and Procedural Background

From 1985 to 1992 the City and County of San Francisco (City) struggled to have appellants Rose Shers and her son Perry Shers (referred to collectively as the Shers) rectify 54 municipal code violations on their property at 511 Leavenworth Street. On January 10, 1992, after three judgments ordering compliance, fifty contempt hearings for noncompliance, and six findings of contempt resulting in fines and incarceration, the superior court granted the City’s motion to appoint Richard Riley (Riley) as receiver to complete the necessary work.

On May 20, 1992, the Shers appealed the order under Code of Civil Procedure section 904.1, subdivision (a)(7). On November 18, 1992, after the Shers filed an undertaking pursuant to…

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