Urtecho

Urtecho v. Guerrero CA2/3

Good Law
Court of Appeal of CaliforniaOctober 8, 2014B247997California2,479 words

Opinion

Opinion

Kitching, J.

INTRODUCTION

Gabriel Guerrero appeals from an order requiring him to pay a portion of the fees and expenses incurred by a court-appointed receiver, David Pasternak (the Receiver). Guerrero contends he was no longer the owner of the receivership real property when the Receiver was appointed and, therefore, he obtained no benefit from the creation or operation of the receivership. Accordingly, Guerrero argues it was an abuse of discretion to hold him liable for the Receiver’s fees. The trial court concluded Guerrero should be charged because the Receiver was appointed to effectuate a conditional judgment concerning disposition of the receivership real property to which Guerrero was a party and beneficiary. We find no abuse of discretion. The order is affirmed.

FACTS1 AND PROCEDURAL BACKGROUND

This appeal arises from a lawsuit by Frank and Leticia Urtecho (the Urtechos) against Guerrero concerning a multi-family residential property that they co-owned (the Property). The Property consists of 15 apartment units in three separate buildings. On January 28, 2010, the Urtechos and Guerrero entered into a stipulation for settlement, whereby they agreed to sell their joint interest in…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.